QUESTION

A company filed H1b for my wife(who is on H4 visa with me in US) this year through H1b quota. if H4 visa is expired and if we are still waiting for

Asked on Dec 28th, 2017 on Immigration - Texas
More details to this question:
A company filed H1b for my wife(who is on H4 visa with me in US) this year through H1b quota. if H4 visa is expired and if we are still waiting for H1B status update, will my wife be out of status in US? Can I file for H4 extension after we get rejection for H1b, even after the date H4 gets expired? Seeing the delays in H1B and number of rejections we are receiving, Should I instead look for filing H4 EAD for my Wife, as my I140 is approved?. If yes do I need to extend H4 before filing H4 EAD or they go together in tandem. If we get H4 EAD before H1B approval would H1B be still valid.
Report Abuse

1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
If your wife's H-4 visa status is expired and she is still waiting for the H-1B which was filed on her behalf, she would not be considered out of status as long as the H-4 extended until September 30 if your wife is applying for a cap H-1B. Your wife can file for an H-4 extension even after the date is expired, but it will be up to U.S.C.I.S. as to whether it will approve a late extension. As your I-140 petition is already approved, you can think of your wife filing an H-4 EAD, but should be aware that U.S.C.I.S. is reportedly looking to rescind the rule that allows H-4 employment. If you and your wife do decide to go that route, your wife can file for extension and EAD at the same time. If your wife obtains the H-4 EAD before her H-1B is approved and the H-1B is later approved, the H-1B would be valid and supersede the H-4. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  
Answered on Jan 21st, 2018 at 5:33 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters