H4 Visa extension

[abhishekk.ranjan]

Hi,

I am on H1B visa and my wife is on H4 visa. I recently changed job and got my visa extended until Dec 2014. My employer did not apply for my wife's change of status( I-539 ). They argue that since my wife has valid i-94 until apr 2013 it should not cause any problem. they will apply for her extension before apr 2013. But I am not satisfied , in last two cases her H4 visa got extended along with my H1.

Also , we are planning to travel to India in Dec 2012 and planning for go for visa stamping together.

I think it will create a problem. but I wanted to get a legal advice before I push back to my employer.

Please provide directions on this matter.

Thank you,

Abhishek

[pontevecchio]

It will cause no problems except that your employer seems to be an idiot.

[abhishekk.ranjan]

thank you for your reply..

So we going with my new 1-797 and her old i-797a will not create any problem in getting her visa stamped with the new expiry date ?

[pontevecchio]

I797 has no meaning for the H4 status. The way this works is that she proves Marriage and that you are going back in H1 status or are already here in H1 status or you are both going for the visa. In fact she can come back on the existing visa and her I94 will be till December,2014 even if she does not get a new visa. . It is best to make sure both your visas /status end at the same time to avoid any problem of gaps.