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H1-H4 question?

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  • H1-H4 question?

    Me and my wife applied for 485 on 07/14/2007 and we received our EAD cards and 485 receipt notices on 11/15/2007. In the meantime, my wife also got her H1 approved starting from 01/10/2007-2010. She started working for her employer but now she has resigned from her H1 sponsor and is now working for employer B on EAD. I would like to get her back on H4 because my I140 is still in progress. I had applied for I485/140 concurrently.

    My H1 extension is due in August 2008. Can I file for her H4 extension along with my H1 extension?
    the H4 stamp in her passport is till Aug 2008 and she never left the country to get her H1 stamped. Anybody who have been in the same boat?

  • #2
    You can have the employer apply for H1 and H4 extension. Once approved, the last action rule will put her back on H4 status.

    If desired, she can travel out and re-enter on the H4 visa to get back on to H4 status.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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