Need Information on H1 Ext

[erabhieraks]

Hi Experts ,

I have came to US on H1 and My wife traveled on H4, early last year since our visa were expiring . Last year we have filed H1 ext and H4 ext respectively which we got only for 1 year and is expiring in Sept'12.

Mean time I have filed my wife H1 visa and she had got her H1 visa till July'13 and is currently working (stamping still not done, since we have not traveled to India yet ).

>My Question is do I have to file her H4 ext again along with my H1 ext when I am filing in July or I do not have to file her H4 ext?Filing her H4 ext will cancel her status of H1 ? I know if we travel back with her H1 and H4 status , embassy will reject...but do even filing the H4 cancels her H1 even if she stays in US and do not go back to India for stamping

>If I am not filing her H4 ext and by any means her H1 ext is not filed or not approved next year , how can she get the dependent visa that time ? Can I get her H4 ext done in US or she has to travel back to India and get the fresh H4 ?

[shervin143]

>My Question is do I have to file her H4 ext again along with my H1 ext when I am filing in July or I do not have to file her H4 ext?Filing her H4 ext will cancel her status of H1 ? I know if we travel back with her H1 and H4 status , embassy will reject...but do even filing the H4 cancels her H1 even if she stays in US and do not go back to India for stamping
>>> Do you want your wife to work for not? If you file a COS from H1B to H4 for her, her status will change to H4 and she cannot work when the H4 petition gets approved.

>If I am not filing her H4 ext and by any means her H1 ext is not filed or not approved next year , how can she get the dependent visa that time ? Can I get her H4 ext done in US or she has to travel back to India and get the fresh H4 ?
>>> You can file a COS from H1B to H4 anytime before her H4 I-94 expires. If her employer is not interested in filing her H1B extension or if she is getting laid off or if she doesn't want to work any more, then can file a COS from H1B to H4 using your H1B approval notice. The important thing is, it has to be done before her H4 I-94 expires.