After H1 approval status of H4

[ramesh.bhukya]

Hello,

My H1 is expiring this JUL 2013 and my spouse's H4 as well.

I am planning to file only my H1 extension.

Because I am planning a new H1 for her this April in premium , so when her H1 application is approved (Say Before July).

1)Can she stay in US with the H1 approval from (Aug 2013 to Oct 2013) , as H4 valid is till Jul 2013.?

2) Or do we need to apply for her H4 extension after H1 approval?

as H1 already got approved in this case , how it impacts on H1 ?

Please let me know the best strategy in this case. Thanks

[JoeF]

What do you mean with you are "planning a new H1 for her"?

You can't plan anything. She has to find a prospective employer who can file an H1 petition for her.

[ramesh.bhukya]

What do you mean with you are "planning a new H1 for her"?

You can't plan anything. She has to find a prospective employer who can file an H1 petition for her.

I mean to say we found employer who is sponsoring H1 for her?

Please let me know what is the best strategy in this case?

[Attorney_11]

An individual in H-4 seeking to change status must demonstrate that they can maintain their status until, in the example presented, October 1. If the individual doesn't have a I-94 until October 1, as in the example, they must plan on filing an extension which will permit them to receive an I-94 in H-4 valid past October 1. Then, the approved H-1B petition would become effective October 1, with not issues. Please schedule a consultation with a qualified immigration attorney to ensure that there are no gaps in status which will require departure and new visa application from home country in the future.