H4 expiry in Jul 2013 and H1 in April 2013.

[ramesh.bhukya]

Hello,

My H1 is expiring this JUL 2013 and my spouse's H4 as well. But I am planning a new H1 for her this April, so when her H1 application is still pending or in RFE status come ,

1)Can she stay in US without valid visa till H1 approval?

2)Is that fine both H1 and H4 extension at a time?

3)Or will she be fine since her H1B application is still pending with USCIS? Also worst scenario if her H1 is rejected does she have to step out of the country and get a new H4 to come back or can that be done while staying here in USA.

Please let me know how step forward in this situation.....

Regards...

[itsmeusa]

I would apply in premium for H-1B processing so that these issues would not spur up.

[ramesh.bhukya]

Thanks for the response.

If say H1 got approved by June 2013 in premium , then do i need to go for H4 extension or H1 approval is enough to stay in US?

( after July H4 gets expire)?

Please clarify.

Thanks,

[rangadu]

Talk to your company attorney to see the best course of action.

Ideally you would apply for H1 (in premium) and H4 extension right away, In all likelihood both will be approved before April. Then apply for her H1 in April, she will have valid H4 till her H1 is approved or Oct 1.

[Attorney_22]

To determine the best strategy it is necessary to know if your wife’s new H1B will be a cap-subject petition. Once this is confirmed it is advisable to speak directly with a qualified U.S. immigration attorney to develop a successful personalized strategy.