H4 Extension while H1B is still pending after H4 Expiration

[Muthu1]

Hi All

 

My Wife is in H4 valid until Nov 14 2013 and we applied a H1B COS on April which resulted in RFE and my employer is answering the same. And I have the following questions,

 

A) Can my wife stay in US even after the H4 expiration date Nov 14 based on the application of H1B COS. Whether 240 day rule apply here?

 

B) If we applied H4 extension and H1B RFE reply at a same time, if H1B approved prior to H4 approval and H4 approved later, then she will be in H4 or H1b?

 

C) If H4 comes prior to H1, then what will be her final status?

 

Please help

 

Thanks

[jairichi]

Hi All

 

My Wife is in H4 valid until Nov 14 2013 and we applied a H1B COS on April which resulted in RFE and my employer is answering the same. And I have the following questions,

 

A) Can my wife stay in US even after the H4 expiration date Nov 14 based on the application of H1B COS. Whether 240 day rule apply here?

 

B) If we applied H4 extension and H1B RFE reply at a same time, if H1B approved prior to H4 approval and H4 approved later, then she will be in H4 or H1b?

 

C) If H4 comes prior to H1, then what will be her final status?

 

Please help

 

Thanks

1. Yes, she can stay till a decision is pending with USCIS.

2. As per last action rule she will be on H4.

3. H1B

[pontevecchio]

I would suggest that you stop complicating the matter and get a Lawyer on board to give suitable advice.