Spouse H4 to H1 under Processing. Can I apply for H4 VISA extension?

[bala.krish14]

Hi,

 

Please help here.

 

I am in H1 and my VISA expires in Dec 2015. I need to submit my extension documents to my employer by this month. My wife got her H1 in lottery and it is in RFE now. My query is

 

Will there be any problem in my wife's H1B processing if I apply H4 extension for her?

 

Thanks

Bala

[jairichi]

If her H4 I94 is valid then do not apply for an extension for her. You can submit your H1B extension documents to employer. Don't complicate things.

[pontevecchio]

wAIT TILL END November AND THEN DECIDE.

[rahul412]

What's the need of H4 ext? Didn't her employer filed her H1 along with COS?

[bala.krish14]

Hi Rahul & Jai,

 

Her I 94 is valid till 15th Jan 2016. 

 

I will check with her employer regarding the COS. As her VISA is in RFE, i am bit worried on whether it will take more time to get an update on H1B approval. Meanwhile I should not miss her H4 atleast.

[jairichi]

Hi Rahul & Jai,

 

Her I 94 is valid till 15th Jan 2016. 

 

I will check with her employer regarding the COS. As her VISA is in RFE, i am bit worried on whether it will take more time to get an update on H1B approval. Meanwhile I should not miss her H4 atleast.

You have time till 15th Jan 2016 to file her H4 extension in case her H1B is denied. Relax and let employer file a H1B extension only for you.

[rahul412]

Hi Rahul & Jai,

 

Her I 94 is valid till 15th Jan 2016. 

 

I will check with her employer regarding the COS. As her VISA is in RFE, i am bit worried on whether it will take more time to get an update on H1B approval. Meanwhile I should not miss her H4 atleast.

No problem, if her H1 is denied then you can file for H4 ext next day.