At present iam on h4 visa which is going to expire on sept 2015.My husband h1b extension process will be started, mean while we are also applying for my h1 visa.so what we should do in below cases:
If my h1 visa gets approved and h4 extension is under process?
Generally how much time did h4extension takes?
If I get my h1 visa approved and then h4 extension is under process at the last stage?
Can we withdraw my h4extension without effecting my husband h1 extension process?
we are in lot of dilemma for taking any further step.please suggest us for our queries
we are in lot of dilemma for taking any further step.please suggest us for our queries
Dont worry, I will clarify your situation, its not that complex, you can easily make your next steps
Summary: Your H4 visa goes along with your husband’s H1 visa. In other words, as long as your husband’s H1 is valid and going on, you can get to H4 status AT ANY TIME. For your case, you have your H4 extension filed(regardless of its current validity) along with your husband’s H1 extension. This process ties your both visas together(mostly USCIS approves both almost at the same time for the same period of validity).
Now coming to your H1 petition filing. Your new H1 under cap is effective only from Oct 1st, even its approved before October. In other words, you have to be in H4 status till September ending.
But if you have applied for new H1 in April(while you are on H4 status), its called Change Of Status(COS) … in plain English, you are asking USCIS to change your status from H4 to H1. If once such request is approved, your status will become(in normal conditions) H1 automatically. BUT… (read carefelly) since your H1 is under CAP of 2015 annual H1 quota, you cant be on H1 status till Oct 1st. In other words, your COS approval is effective only from Oct 1st, even it got approved before. So, you MUST be in H4 status whether no matter what, till Sept end.
Having said that, here is the answers for your questions.
If my h1 visa gets approved and h4 extension is under process? No worries, till your H4 extension is not rejected, you are in H4 status, if you file your H4 extension before the current H4 expires till sept end, no matter your H1 petition gets approved or not. But if H1 gest approved, you will be in H1 status starting from Oct 1st. If you didnt get H1, you will continue to be in H4 status (with the filed extension)
Generally how much time did h4extension takes? If you file your H4 extension along with your husband’s H1 extension, they both gets approved at the same time. This is recommended to file both at the saime time.
If I get my h1 visa approved and then h4 extension is under process at the last stage? As I said above, you will be in H4 status till sept end, no matter what. If your H1 gets approved at any time, you will be in H1 status form that time only after Oct1st(even it gets approved before Oct)
Can we withdraw my h4extension without effecting my husband h1 extension process?
You can file your H4 only when your husband’s H1 is valid. You can withdraw your H4 at any time but you H4 extension doesnt hurt your husband’s current H1 OR his H1 status extension in any manner. His H1 must be valid on its own, your H4 never influance his H1(but the other way of your husband’s H1 always influence your H4). H4 is called dependent visa.
If the above details are still confusing, come up with your additional questions.
Our case is pretty much similar to this. My H1B visa expires this month, September 2015. So, we have applied for H1B extension for myself along with my wife’s H4 and still both cases are under processing with USCIS.
However, we also had applied H1B for my wife during April 2015 and she got her H1B visa approved now under cap of 2015. And it is effective from October 1st 2015 as we know.
Based on your explanation above, I understand that the COS from H4 to H1B is automatically done and it is effective from Oct 1st, as her H1B is approved.
Below are my questions that triggered in this case at the last minute:
What will happen if her H4 visa extension is approved now, with having her H1B approved visa?
If the H4 extension is approved now, will the status be automatically changed to H1B effective October 1st? And will the H4 be voided after October 1st?
Do we have to apply for H4 extension withdrawal, even if it is approved by that time? If so, when will we have to apply for H4 extension withdrawal?
She plans to work from October 2015 (unsure about the actual date now), so Can we apply for H4 extension withdrawal now and remain in active H4 till September 30th, 2015 and with the automatic H1B COS she can start to work?
Will it impact her H1B visa status if the H4 extension is approved in few days?
Request you to kindly answer for these clarifications and also provide your recommendation or suggestion in this situation.
we will be in an exact same position this year. Please let us know how did you resolve. Please if you can answer your questions base on your experience you went through.
we will be in an exact same position this year. Please let us know how did you resolve. Please if you can answer your questions base on your experience you went through.