H4 expiring on 30Sep2008 - H1 valid from 01Oct2008 - is there a need to aply f

[kanna28]

Hello Gurus..
My wife's H4 visa is expiring on 30Sep2008.
I have applied for her H1 through a consultant. Her case is already selected in lottery and we received the reciept number.
Her case is "pending" with USCIS as of date. But if status of her case changes to "approved" then her H1 visa will be valid from 01Oct2008 onwards, which is just the next day of her H4 expiry.

In this situation , do I need to apply for extension of her H4 now ?
If i apply for her H4 extension then is there a chance that USCIS will not approve her H1 case which is "pending" now.?

please advice....

thank you,
kanna..

[Subramanya]

H1 and H4 issues

My wife's H4 visa is expiring on 30Sep2008.
I have applied for her H1 through a consultant. Her case is already selected in lottery and we received the reciept number.
Her case is "pending" with USCIS as of date. But if status of her case changes to "approved" then her H1 visa will be valid from 01Oct2008 onwards, which is just the next day of her H4 expiry.

In this situation , do I need to apply for extension of her H4 now ?

---- You should wait for a few more days before you apply for the H4 extension. Hopefully by htat the H1 issue will be decided by USCIS

If i apply for her H4 extension then is there a chance that USCIS will not approve her H1 case which is "pending" now.?

----- NO, both are independent of each other. The decision will be based on the merit of the application.

Subramanya

[kanna28]

Hello Subramanya,
Thank you for your comments...
But if H1 and H4 are independant of each other then why should i wait for some more days before applying for H4-extension ?

Also please clarify , If H4 is expiring on 30sep08, then how early should i apply for H4-extension ? That will give me a clear idea of how long can i wait for H1 status update before applying for H4-extension.

thank you
Kanna...

[kanna28]

experts .. please advice

would appreciate comments in reply to my post below.
Also please elaborate "The decision will be based on the merit of the application " What is the exact meaning of "merit" in this context ?

thank you,
kanna