Question on H4 Extension

[rithvik12]

Hi,
My current H1B expired on 10/08/2013 and I have applied for extension and waiting for the approval. Meanwhile, My wife's H4 also expired on 10/08/2013 but we have not applied for H4 extension, as she has applied for H1B from another employer. Her H1B application went for RFE and her employer responded to RFE on-time and waiting for a decision from USCIS on her H1B.

Do I need to apply for H4 extension for her, to be safe side incase her H1B gets rejected?
Can I wait until a decision on her H1B is received before applying for her H4 extension?
Are there any issues in applying for H4 extension because of her current visa being already expired?

Please let me know what is the best thing to do in my case.

 

Thanks in Advance.

[pontevecchio]

1. That would be wise.

2. Yes. Better yet, do not take the matter lightly. If denied send her for a visit and then she can come back with a H4 visa.

3. Visa is a visa and status is status. The SENSIBLE thing to do is to wait for the H1 petition approval or denial. If denied have her leave and return.

[rithvik12]

Thanks for your response,

 

What is the time limit to leave after the H1B rejection?

Can I apply for H4 extension now as it is already expired?

[rithvik12]

Thanks for your response,

 

After the HB Denial, what is the max time limit to depart US?

Can I apply for H4 extension for her without leaving US (if I get approval before her Denial)?

[pontevecchio]

If you read 2. I am saying do not file her H4 extension. Her COS application now under RFE keeps her legal. If the H1 is denied then she can leave after that and come back on the H4 visa. What is her RFE about?

[rithvik12]

Thanks for your response,

If H1B gets rejected, what is the max time limit to leave US?

[pontevecchio]

What is the RFE about?

[jairichi]

Thanks for your response,

If H1B gets rejected, what is the max time limit to leave US?

She is out of status from next day.