H1 B filing with H4 Visa Extension

USA H1B Visa
1

Hello,

I am on H1-B, I have found a employer who will file a H1-b for my Wife(Currently is on H4) in April 2016, but our Visa is expiring on 14th July 2016, My company will start the process of H1/H4 visa extension only after March 15th 2016.

Could you help me what will happen in this case:
If employer will apply H1- B for her ,and In april/May my company will file Visa extension in USICS then do you think it will create any problem?

Any chances of RFE/Denial in this case?

2

This will not create any problem,

3

Thanks Chialse for your reply.

But the Employer who is filing a H1 for my wife is asking about the Visa extension receipt by March 15th , but the problem is I will not have till then.

I am not sure whether that is necessary till then or we can show later once the petition will get picked in lottery.

Could you please help to answer this questions.

4

If the extension receipt is not submitted, and her H-1 is applied w/ COS, then it may receive RFE for proof of extension of status. By that time, your extension would have definitely been filed and they can submit the same.

Couple of additional suggestions:

  • If her petition is selected in lottery, then upgrade your petition to PP so that you have approval notice in hand when her COS RFE is issued. This way, they will not deny her COS on the basis of pending/undetermined H-1 extension

  • Ask her H-1 employer to submit a letter stating that H-1 extension has not been filed but will filed soon and proof can be provided, if needed.

  • If your company can provide a employment verification letter stating that you are currently employed w/ them and they plan to file extension soon, then that would be helpful as well.

5

Thanks Saurabh,

your suggestion will be very helpful.

My Company will not file PP for my Visa extension, but they will start the process by First week of March , so that will have 4 Months to get an approval.

Do you know ho long it will take generally to get Visa extension approval copy?

Thanks for your help.

6

Saurabh , I have one more questions…

Is it a good idea if Her employer will do Premium Process for her h1- B in April 2016?

Or it will increase the chance of complications?

7

Recently, visa extension took close to 7-8 months. It may improve in next few months, or not. Hard to say.

I would discourage filing her petition as PP. If it is filed as PP, and USCIS issue RFE asking for your H-1 extension proof, then it would be raised by April 30. RFEs need to be responded within 90 days, which makes the deadline as July 30th. Your H-1 extension may not get processed by that deadline.

If filed as non-PP, you get more time to wait for your extension approval and submit as response to potential RFE. Once you receive your extension approval, and her petition is still pending, you have the option to upgrade to PP.