H1,H4 extention in july 13, h4-H1 converions in april 13

[Kaushik86]

Hi

Planning to apply H1 for my wife in April 2013. She is now on H4.

My H1B extention is due for july 31st .

1. If i apply H4 extention for my wife along with my H1 extention + a H1 for her in April

In july , she will have 2 in process status H4-> extention, should be done by july end, H1-> i amnot sure which stage it will be .

I learnt that which ever status comes first will be the final-and if h4 in july comes first , she wil be on h4 and again stamping is required.

Q's

1. If my wife has 2 different status in processes in july ,will that cause any RFE's for my H1 extention,

2. Cab H4 -H1B conversion be done before July , is there any premium processing possible. What is the possible stage for a H1B in july .

Regards

Kaushik

[Attorney_10]

It is generally not recommended to have multiple petitions / applications for change/extension of status pending with USCIS at the same time, as this often causes confusion with the Service center/s and could result in the applicant failing to maintain valid nonimmigrant status depending on when each petition/application is filed and adjudicated. Please schedule a consultation with a qualified immigration attorney to discuss the specific facts relating to your case and the different options that may be available in this situation.

[t75]

You certainly cannot apply for H1B for your wife. She needs to find an employer and YOU need to let her be a big girl and post her own questions.

No matter when she receives a notice, her H4 gives her no ability to work before Oct 1 for normal H1B.