H4 Extension but having H1b Approved petition

[mohan1985]

Hi Murthy,

 

Currently I am on h4 visa which is getting expired on 30th Sept 2015. I have applied for h1b visa through consultancy which got selected in lottery and approved petition too. Now my spouse company is filing extension for her h1b visa as her h1b is also getting expired on 30th Sept 2015. I asked my consultant who filled my h1b visa that do I need to file extension as I am having approved h1b petition which will be valid from 1st Oct 2015. Consultant said my case is  "consular case" what exactly it is? secondly he told me I need to file extension with my spouse extension because may be I will get project bit late not exactly on 1st oct 2015.

 

My questions is, its mandatory to file extension in this case? Secondly in consular process do I need to travel back India for h1b stamping if yes, then is there any issues faced in this type of cases?

 

I appreciate for your response.

 

Thanks,

Mohan

[livliv]

Since the H1 petition did not include change of status, your status will remain H4 even after Oct 1. Also, since your H4 status is expiring on Sep 30, you will be illegal after Sep 30, unless extension of status is filed. So, you need to file extension of H4 status.

Once you are ready to join your employer you will first need change your status to H1 before you can start working. There are two ways to do that, 1. employer files amendment 2. you leave the US and return with an H1B Visa.

[jairichi]

Consular case means to move to H1B status you need to exit and enter US with a valid H1B visa and I797. Apply for an extension of your H4 status as the employer is commiting fraud by filing a H1B petition with no available job. Start looking for a new employer (direct employer) and after Oct 1st ask that employer to file a cap exempt H1B petition as change of status.