Question regarding H1 Extension while in US and Wife's H1 to H4 transfer

[gizmofreek]

Hi Everyone,

I am and my wife are on separate H1s right now.
Since my passport is expiring soon and that date was the date printed on my i94, my lawyer had reached out to let me know that they will have to apply for a H1 Extension, as soon as i have my renewed passport.

My wife is planning to quit her job, so I will have to apply for her H4 visa for her.
The following are the questions which I had.

- Since my current H1 has to be extended, is it still possible to apply for her H4 (before my H1 extension is approved) with the understanding that, USCIS will not grant her a date later than my current passport expiry date?
- If the answer to the above question is a yes, since she is already in the US, can I do this process without her having to go out of the US ?
- Assuming that, I could apply for her H4 before my H1 gets extended, once my H1 extension is approved, do I have to apply for a separate H4 extension or will It automatically be extended since the primary H1 got extended ?
- In terms of my H1 extension, can I continue to be in the US and work while my H1 extension is in progress ?

[raghvi]

Hi Everyone,

I am and my wife are on separate H1s right now.
Since my passport is expiring soon and that date was the date printed on my i94, my lawyer had reached out to let me know that they will have to apply for a H1 Extension, as soon as i have my renewed passport.

My wife is planning to quit her job, so I will have to apply for her H4 visa for her.
The following are the questions which I had.

- Since my current H1 has to be extended, is it still possible to apply for her H4 (before my H1 extension is approved) with the understanding that, USCIS will not grant her a date later than my current passport expiry date?
- If the answer to the above question is a yes, since she is already in the US, can I do this process without her having to go out of the US ?
- Assuming that, I could apply for her H4 before my H1 gets extended, once my H1 extension is approved, do I have to apply for a separate H4 extension or will It automatically be extended since the primary H1 got extended ?
- In terms of my H1 extension, can I continue to be in the US and work while my H1 extension is in progress ?

Some dates such as visa expiry, I94 expiry, planned move from H4 to H1 date, would help in answering.

[Mrinal Shukla]

Question regarding H-4 Stamping before Spouse's H-1B Stamping

Hi everyone,
My wife who entered US on an F-2 dependent visa in 2013 (after we got married; and I was then on F-1) is going to get H-4 stamping for the first time in Mumbai in a few weeks. I have since not traveled back to India and have has a change of status from F-1 to H-1B. I hold approved I-797A with renewed I-94s for both my wife and myself. My last paper visa also issued in India was for F-1 and has now expired. I do not currently hold a valid paper visa for H-1B and have never held a paper visa for H-1B.

Is it a cause for concern that my wife is getting her H-4 stamped in Mumbai before I have had a chance to travel back and get the consular visa stamp for H-1B? If you have any additional tips or helpful comments, feel free to reply. Thanks!