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H1-B extension in progress, H4 extension not yet filed. H4 is expiring in 55 days.
Hi,
My H1-B is expiring on 30-Jun-2018 and my H1-B extension was applied on 6-Feb-2018. My wife also has H4 visa valid till 30-Jun-2018. Currently she is in her home country (India), will be coming to USA on 5th-May-2018. So her extension is not yet filed. My employer is denying to file her H4 extension once she will come to USA and her i-94 will be generated, giving reason that she will not be having 2 months valid visa so will not file her extension.
1. Is it a reason that if someone apply H4 extension with valid visa of less than 2 months, then it will be rejected OR this can not be filed OR highly chances of rejection?
2. If my employer do not file her extension and her i-94 expires, then can she stay along with me in USA based upon my H1-B extension receipt number (which is in progress) and post that H1-B approved extension, if approved? OR it is mandatory for H4 also to file extension to stay in USA and if her Receipt number does not come before her i-94 expiry then she has to go back to home country?
3. If filing her H4 extension is mandatory and my employer do not file her extension, then can i file her H4 extension by myself by providing my H1-B extension Receipt number which was filed by my employer?
4. Is it ok if i file her H4 extension by the time when she will be having just 50-55 days pending of her valid H4 visa OR this is a big issue?
5. For filing H4 extension i need to hire an attorney or i am also authorized to file H4 extension by my own?
Kindly advice. i am going through with a very short duration. Thanks..!!
My H1-B is expiring on 30-Jun-2018 and my H1-B extension was applied on 6-Feb-2018. My wife also has H4 visa valid till 30-Jun-2018. Currently she is in her home country (India), will be coming to USA on 5th-May-2018. So her extension is not yet filed. My employer is denying to file her H4 extension once she will come to USA and her i-94 will be generated, giving reason that she will not be having 2 months valid visa so will not file her extension.
1. Is it a reason that if someone apply H4 extension with valid visa of less than 2 months, then it will be rejected OR this can not be filed OR highly chances of rejection?
2. If my employer do not file her extension and her i-94 expires, then can she stay along with me in USA based upon my H1-B extension receipt number (which is in progress) and post that H1-B approved extension, if approved? OR it is mandatory for H4 also to file extension to stay in USA and if her Receipt number does not come before her i-94 expiry then she has to go back to home country?
3. If filing her H4 extension is mandatory and my employer do not file her extension, then can i file her H4 extension by myself by providing my H1-B extension Receipt number which was filed by my employer?
4. Is it ok if i file her H4 extension by the time when she will be having just 50-55 days pending of her valid H4 visa OR this is a big issue?
5. For filing H4 extension i need to hire an attorney or i am also authorized to file H4 extension by my own?
Kindly advice. i am going through with a very short duration. Thanks..!!
