H1 New and H4 Extension

[asharma032015]

Hi,

I work on H1 and my GC is pending under EB2. My wife is working on H4 EAD. Our H1/H4 will expire on 9/30/2017. If we apply for extension and also apply for H1 New under cap for my wife this year, which approved petition be valid and applicable if both H4 and H1 New have effective date of 10/01/2017? Or last action rule will be applicable on the day petition was approved? Should I apply extension in premium and H1 New as regular to avoid any date clashes? Any help is appreciated.

[raghvi]

Hi,

I work on H1 and my GC is pending under EB2. My wife is working on H4 EAD. Our H1/H4 will expire on 9/30/2017. If we apply for extension and also apply for H1 New under cap for my wife this year, which approved petition be valid and applicable if both H4 and H1 New have effective date of 10/01/2017? Or last action rule will be applicable on the day petition was approved? Should I apply extension in premium and H1 New as regular to avoid any date clashes? Any help is appreciated.

I would advise applying new H1 for spouse in premium, this way you will get more time to decide if you need to file for H4 extension or not.

This is my opinion not legal advice.

[asharma032015]

H1 New and H4 Extension

I would advise applying new H1 for spouse in premium, this way you will get more time to decide if you need to file for H4 extension or not.

This is my opinion not legal advice.

Thanks for your response.