H1B denied. Cap gap extension expired. Options to stay in US

[svemula1]

Hello,

This situation is a little strange. No one has been giving me the right answers. Any help will be greatly appreciated.

This is regarding my Wife's application.

- F1 OPT Cap-Gap extension expired on Sep 30 2012. Has a valid I-20 with Sep30th as a end date.

- First time H1-B petition was denied on Nov 17th 2012. Still waiting for the denial reason

My situation.

- H1-B extension is still pending. Tomorrow plannig to change to Premium processing

Can I apply for my Wife's H4 visa in this situation? Can we do a e-file? If this new petition is still pending, would this stay here considered legal (or) would it cause any issues in the future?

She cannot really travel outside the US right now as we are expecting a baby anytime this week. Any help/ideas ?? Please advice.

Thank you.

[t75]

She cannot file for H4 without you having H-1B.

[chtummala]

Hello,

This situation is a little strange. No one has been giving me the right answers. Any help will be greatly appreciated.

This is regarding my Wife's application.

- F1 OPT Cap-Gap extension expired on Sep 30 2012. Has a valid I-20 with Sep30th as a end date.

- First time H1-B petition was denied on Nov 17th 2012. Still waiting for the denial reason

My situation.

- H1-B extension is still pending. Tomorrow plannig to change to Premium processing

Can I apply for my Wife's H4 visa in this situation? Can we do a e-file? If this new petition is still pending, would this stay here considered legal (or) would it cause any issues in the future?

She cannot really travel outside the US right now as we are expecting a baby anytime this week. Any help/ideas ?? Please advice.

Thank you.

your wife is in 60 day grace period ..

your wife can not file h4 with out you having h1b ..

November 30 or 29 will be u r last date before she goes out of status ..

contact an immigration attorney for other kind of temporary visa based on medical condition ..

[chtummala]

- H1-B extension is still pending. Tomorrow plannig to change to Premium processing

where are you right now .. if you are in USA what kind of visa you are in ??

[svemula1]

My H1-B expired on Sep 14th 2012 and I've applied for my H1-B extension on June 26th 2012. My petition is still pending as of now. Yesterday I filed my wife's H4 visa and requested them to consolidate this with my existing petition. As long as the petition is filed, is it not considered as being legal?