Spouse's H Visa extension question

[Streaker]

Hello Friends,

I am in my 6th year of my H1-B tenure. My employer is going thru my GC processing.
My wife came to US as a H4 and shifted to H1-b later.

Now my question is when my employer files for my H1-B extension towards end of the 6th year period, should they file for my wife's too in order for her to be included in the whole GC process?
I haven't informed my employer about the change of status for my wife. Should I inform my employer?

Please clarify.

Thank you in advance...

All replies are appreciated

[raghvi]

Hello Friends,

I am in my 6th year of my H1-B tenure. My employer is going thru my GC processing.
My wife came to US as a H4 and shifted to H1-b later.

Now my question is when my employer files for my H1-B extension towards end of the 6th year period, should they file for my wife's too in order for her to be included in the whole GC process?
I haven't informed my employer about the change of status for my wife. Should I inform my employer?

Please clarify.

Thank you in advance...

All replies are appreciated

Is her H4 to H1 being planned as COS? When is it being planned? When is the current H4 I-94 expiring?

[Streaker]

Is her H4 to H1 being planned as COS? When is it being planned? When is the current H4 I-94 expiring?

Hello Raghvi,

I don't follow what it means by "planned as cos". Her H-4 I-94 expires on 9/16/15 (same as my H1B). But her H1-B I-95 expires 9/18/16. Will it help?

Thanks for the response

[raghvi]

Hello Raghvi,

I don't follow what it means by "planned as cos". Her H-4 I-94 expires on 9/16/15 (same as my H1B). But her H1-B I-95 expires 9/18/16. Will it help?

Thanks for the response

If she has a H1 I-94 that means she already is on H1 status and must be working and getting paid by the H1 employer. In that case, she need not file a H4 extension as she is not on H4.

As for GC, yes, if you wish to include her, she would have to be added to the GC process as your dependent.

This is my opinion not legal advice.

[Streaker]

If she has a H1 I-94 that means she already is on H1 status and must be working and getting paid by the H1 employer. In that case, she need not file a H4 extension as she is not on H4.

As for GC, yes, if you wish to include her, she would have to be added to the GC process as your dependent.

This is my opinion not legal advice.

So it shouldn't effect her inclusion in my GC processing, even if she didn't do H4 extension, as long as her H1-B I-94 is in status!
My employer asked for my spouse details for H4 extension, as I haven't informed them about the H1B shift. So I must tell them now that she has changed her visa status.

[raghvi]

So it shouldn't effect her inclusion in my GC processing, even if she didn't do H4 extension, as long as her H1-B I-94 is in status!
My employer asked for my spouse details for H4 extension, as I haven't informed them about the H1B shift. So I must tell them now that she has changed her visa status.

Yes you can tell them that she doesnt need a H4 extension as she has moved to H1.

This is my opinion not legal advice.

[Streaker]

Yes you can tell them that she doesnt need a H4 extension as she has moved to H1.

This is my opinion not legal advice.

Thanks much for the prompt replies Raghvi. much appreciated.