Legal Question in Immigration Law in Pennsylvania

I am on H1B visa in USA. I got married in 04/2008 and my wife got her H4 stamped till sep 30, 2009 as my H1B was valid till that date. We both came together and got same dates on I94 09/30/2009. I changed from Employer A to B in Nov 2008 but did not apply for my wife's H4 extension. I got this approved and got a new I94 untill Nov 11, 2011. I applied for another transfer from Employer B to C on Oct 10, 2009 for H1b and H4 which is still under processing. Its been more than 180 days since this application is pending. Now if this petition gets denied What will happen to my wife's stay as she crossed 180 days after her I94 expired. Will her stay be considered illegal now, if yes what are the options available. Please clarify


Asked on 4/05/10, 11:38 am

1 Answer from Attorneys
Ajay Arora Ajay K. Arora, Attorney-at-Law, P.C.

Hi,

If your H1B through Co. C is denied, your wife's H4 application will be denied as well. However, she is maintaining her H4 status while it is pending.

If her H4 extension application is denied by the USCIS, I recommend that she depart the U.S. shortly after denial (within 10 days is best) and apply for H4 visa stamp at a U.S. Consulate in her home country. Since her status while she was waiting for the H4 application to be adjudicated is not considered illegal, the Consulate should issue her the visa stamp without a problem if the Consulate is satisfied that you are maintaining your H1B status. It is helpful in your wife's application for visa stamping at a U.S. Consulate (if her H4 extension application is denied by the USCIS) if you continue to be employed by Co. B until Co. C's H1B petition is approved, even though under H1B portability rules you are legally able to work for Co. C for up to 240 days while Co. C's H1B petition is pending

Regards,

Ajay K. Arora, Esq.

www.h1b1.com

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Answered on 4/11/10, 10:49 am


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