Valid H4 till Dec 2014 , what if H4 to H1B COS application gets denied


abhirock7

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Hello All,

 

Me and my wife are currently on H1B and H4 Visas respectively till Dec2014  ( My company would file for extension in June 2014)

 

But an employer is willing to file for H1B for my wife with COS (H4 to H1B)  on April 1,2014.

 

So, I have 2 questions

 

1. What if my wife's H4 to H1B gets denied (say in July 2014 or later ) , can she still stay on H4 visa or her H4 visa also gets revoked and she has to leave to India ?

 

2. Shall I ask my employer to file for Extension for H1B and H4 both,   when my wife's H4 to H1B application is still in process ?

 

Any help would be greatly appreciated,

 

Thanks.

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Hello All,

 

Me and my wife are currently on H1B and H4 Visas respectively till Dec2014  ( My company would file for extension in June 2014)

 

But an employer is willing to file for H1B for my wife with COS (H4 to H1B)  on April 1,2014.

 

So, I have 2 questions

 

1. What if my wife's H4 to H1B gets denied (say in July 2014 or later ) , can she still stay on H4 visa or her H4 visa also gets revoked and she has to leave to India ?

 

2. Shall I ask my employer to file for Extension for H1B and H4 both,   when my wife's H4 to H1B application is still in process ?

 

Any help would be greatly appreciated,

 

Thanks.

1. She will be on H4 status.

2. Yes. 

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Thanks  jairichi for your prompt reply , I really appreciate it.

 

Just to confirm ,shall  I wait until decision on COS (H4 to H1B) application for my wife before  I request my employer to file for extension for H1B and H4 both

 

OR it's okay to have both applications for H4 and H1B in process simultaneously for my wife ?

 

 

Thanks

Link to comment

Thanks  jairichi for your prompt reply , I really appreciate it.

 

Just to confirm ,shall  I wait until decision on COS (H4 to H1B) application for my wife before  I request my employer to file for extension for H1B and H4 both

 

OR it's okay to have both applications for H4 and H1B in process simultaneously for my wife ?

 

 

Thanks

If your spouse's I94 is valid beyond Oct 1st 2014 I would suggest her prospective employer to file COS from H4 to H1B. If denied she or your employer can file an extension of her H4 status.

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