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Is it mandatory to apply for extension of H1 and H4 together?

Immigration 1 views 4 answers
Hi, I am right now in US on a valid H1 and my wife has H4 visa. Both the visas are valid till April 4th 2013. My employer is interested in extending my visa. But my wife is in India and never traveled to US. I want to know whether my employer can apply for my H1 extension in February and my wife's H4 once she come over here in March end. Is it possible to apply for extension of H1 and H4 separately or should it be applied only together? Should the extension be applied only a month before expiry and not less than that? Does it have any cut-off time? Can we stay in US after initial H1 validity expires but applied for extension? Is there any grace period for expired H1? Please clarify. Regards, Girmaji.

Attorney Answers

4
J Ferrari ·
As your spouse is not in the US, there is nothing for the employer to do regarding her. She will need to apply for an H-4 visa stamp abroad.
0 upvotes
Tripti Sharma ·
She will apply for H-4 at the Consulate when she plans to travel to the U.S.
0 upvotes
Karen-Lee PollakImmigration AttorneyDallas, TX ·
You can apply for hte H extension separately from your wife. You can stay in the USA after your H expires as long as you timely filed an extension (that is before the intitial H expires) Your wife can come in on her H4 visa only during its validity and can extend her status once here. If her initial H visa has expired she will not be allowed entry
0 upvotes
Carlos Sandoval ·
Since your wife is not in the United States, she should get the stamp with her H-4 at the consulate before entering the United States.
0 upvotes

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