Current Visa is H4 - Applied for H1B this year, got the receipt number - Both my and my husband’s I94 is expiring on July 30th 2013 - We have already filed for extension - Can this be an issue in my H1B processing?
Please let me know. I am also on the sam boat
USCIS may issue RFE asking for proof of H-4 extension proof before approving the COS from H-4 to H-1. As long as your H-4 and husband’s H-1 I-94 gets extended, you should be fine.
Hank You, Saurabh.
So what I understand is my H1B approval may not happen unless we have a positive decision for my husband’s I-94 extension. Do u have any clue on how much time the.extension.decision might take? I have read it can take anywhere between 1 to 6 months. is that true?
Also I wud rather expect USCIS to checj my husbands petition in their repository, coz both are wih the same USCIS so a RFE for something that is pending or under their bracket itself wudnt make much sense to me. but anyways, we cannot challenge USCIS so its ok either ways.
Secondly, say in the wierdest case if the extension gets rejected, will that also deny my
H1B petition?
If your and your husband’s extension gets approved, then you are fine even w/ the RFE (it will just cause a delay). However, if the extension is still pending then even if USCIS knows about the pending extension they cannot do anything about it until it gets approved. Issuing RFE puts the ball in your court to follow-up on the extensions and update them w/ necessary documentation.
Let me ask you this, when you filed your H-1 you did submit your old I-94 along w/ your husband’s. When your husband filed his extension, he did submit copy of his most recent 797. All this information is already known to USCIS. However, the onus is on the petitioner and beneficiary to show the proof.
If extension gets denied, then they may still approve your H-1 but will not approve the COS. This means leaving US and returning on stamped H-1 visa.