**URGENT HELP** spouse H1B approved from India, filled H4 extentionsfrom USA

[gd123]

Hi,

My spouse's employer applied for her H1b petition on april 2014 and same was approved on May/June 2014.

But before her H1B was approved she travelled to USA on H4.

As my H1b is expired now, both H1B and H4(for my spouse) extension is filed now from USA.

We need to know if her H4 extension is approved, will her H1B will be still valid.

Please note the H1B my spouse was initiated from India and has no visa stamping done using same and so no I94 issued on that yet.

We need a response urgently. Please help.

[raghvi]

Hi,

My spouse's employer applied for her H1b petition on april 2014 and same was approved on May/June 2014.

But before her H1B was approved she travelled to USA on H4.

As my H1b is expired now, both H1B and H4(for my spouse) extension is filed now from USA.

We need to know if her H4 extension is approved, will her H1B will be still valid.

Please note the H1B my spouse was initiated from India and has no visa stamping done using same and so no I94 issued on that yet.

We need a response urgently. Please help.

Her H1B petition would still be considered cap exempt. But if she is planning to move to H1, I would suggest you wait for her H1 extension approval to come first, and only then subsequently file for a H4 to H1 COS in order to try to move to H1.

This is my opinion not legal advice.