Filing new H1 and H-4 Extension Together.

[amitpatil]

Hi,

My H-1 and my wife’s H-4 visa is getting expire on 30th September, 2013 and soon we will have to apply for extension.

Now my wife has offer from one of the company and her employer is ready to file her new H-1 this year (in April 2013). Since I am not sure whether her H-1 will get approve or not and I don’t want to take any chances on her H-4, I do have following questions for my wife’s H-4 extension

1> Can we file H-4 extension and new H-1 (for wife) together?

2> Lets say if I don’t file her H-4 extension now and I let her employer file new H-1 for her and if for any reason her H-1 gets denied in October/November 2013, then will she be out of status immediately? Does she have to leave the country immediately?

3> If her H-1 gets denied in October/November 2013, can we file her H-4 extension seperately at that time? Is it advisable to do this?

4> What if she get H-1 before H-4 or vice versa? As per forums whatever comes last is your active status. Is this true?

Please let me know about this. I and my wife need to decide whether should we go for her H-1 or not.

Thanks for your help.