H-4 extension query

[dineshchandrapatil]

Hi all,

 

My H1B expires on Jan 13, 2013. My employer wants me to apply for extension at least 2 months before which means at least before Nov 13th.

 

Now I have a tricky situation here. My wife is in India and she has own sister's wedding on Nov 29th.  She will be in US on Dec 3rd. So below are my queries:

 

1) Can I apply for her H4 extension along with mine on say Nov 10th even though she is in India?

2)  If no, then should I apply after she returns from India on Dec 3rd. Will that be enough time?

3) In any case she has to go back to India on Jan 12th. So can she travel when her H4 is being extended?

4) If none of the above 3 work, then is it advisable that I file a new H4 for her once my H1-B is approved because she will any how go back to India on Jan 12th?

 

I am pretty confused and wanted to seek expert's advise here. Eagerly waiting for  a reply.

 

Thanks in advance,

Dinesh Patil.

 

[omshiv]

There's no confusion here...your employer can apply for her H4 extension along with yours.

[pontevecchio]

She cannot extend a status which she does not have. Hence you cannot file her status extension while she is abroad. She will enter with a H4 visa on December,3 and get an I94 till January,13 of 2014. She will leave on January,12 and come back with your H1 extension.  H4 is not a petition. It is a status based on the valid status of the person in H1. Hence the sooner you apply now with PP if possible the better for her since she needs your H1 extension approval to come back.

[dineshchandrapatil]

Hi all,

 

Thanks for your response. If I understand this clearly, I should apply my H1 extension now. As she is in India, I cannot file for her H4.

Now the only question is once my extension is approved as I have not filed for her H4 how can she come back say in April 2014. Do I need to file a new H4 or she can come back just with my approved extension?

 

Thanks,

DInesh

[jairichi]

Hi all,

 

Thanks for your response. If I understand this clearly, I should apply my H1 extension now. As she is in India, I cannot file for her H4.

Now the only question is once my extension is approved as I have not filed for her H4 how can she come back say in April 2014. Do I need to file a new H4 or she can come back just with my approved extension?

 

Thanks,

DInesh

Your wife has to apply for a H4 visa at US consulate and then enter US.

[nineballs]

There's no confusion here...your employer can apply for her H4 extension along with yours.

Really? After 3,587 posts, this is what you are suggesting?

[omshiv]

I'm slacking....I thought his wife is still in US