Applying H4 extension for dependent while H1 extension in pending approval

[prakakrishna]

I have my H1 extension applied and is Pending approval. My wife have H4 Visa valid till 30-Oct-2016. She is travelling to US next week. I am planning to apply for her H4 extension after she reaches US. Can I apply for it, when my H1 is not approved yet? Also how long my wife can stay at US legally here, if her Visa expires. Please advise.

[raghvi]

I have my H1 extension applied and is Pending approval. My wife have H4 Visa valid till 30-Oct-2016. She is travelling to US next week. I am planning to apply for her H4 extension after she reaches US. Can I apply for it, when my H1 is not approved yet? Also how long my wife can stay at US legally here, if her Visa expires. Please advise.

When is your H1 Visa, I797 and I-94 expiring?

[prakakrishna]

@raghvi

My Current Visa / i-94 are expiring in a month (30-Oct). But employer has applied for an extension. So I have the new file # and waiting for approval.

[raghvi]

My Current Visa / i-94 are expiring in a month (30-Oct). But employer has applied for an extension. So I have the new file # and waiting for approval.

As long as she enters US before 30 Oct (recommended to travel a week ahead) and carries your extension receipt, she should be fine. She would need to file extension as soon as she enters US.

This is my opinion not legal advice.

[prakakrishna]

As long as she enters US before 30 Oct (recommended to travel a week ahead) and carries your extension receipt, she should be fine. She would need to file extension as soon as she enters US.

This is my opinion not legal advice.

Thank you ! Can I apply for her H4 extension, while my H1 extension is pending approval? Or do we have any issues?

[raghvi]

Thank you ! Can I apply for her H4 extension, while my H1 extension is pending approval? Or do we have any issues?

Yes you can, buy she has to be in US first.

This is my opinion not legal advice.

[prakakrishna]

Yes you can, buy she has to be in US first.

This is my opinion not legal advice.

She is arriving today. I read in few forum, better to wait till H1 extension approval and then apply for H4 extension (I-539), as it may collapse the H1 extension (Is it true?). But in my case, she can't stay after Oct-30 and now-a-days it is taking 8 months for approval. Also can I apply on my own, if my employer is not applying for H4 extension.

[raghvi]

She is arriving today. I read in few forum, better to wait till H1 extension approval and then apply for H4 extension (I-539), as it may collapse the H1 extension (Is it true?). But in my case, she can't stay after Oct-30 and now-a-days it is taking 8 months for approval. Also can I apply on my own, if my employer is not applying for H4 extension.

No such thing. Anyhow you have to apply before her H4 I94 expiry. Yes you can apply on your own too fill the I539 and print it out, attach the supporting docs and send. 8 month may only be in extreme cases, generally takes 2-4 months.

This is my opinion not legal advice.