Immigration Issues/H1 Extension pending

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Question
Hi,
Below are my details,
H1 expiry date - 30Mar 2008
Extension applied - Feb 2008
Got RFE - July 2008
Replied to RFE by company - Aug 2008
Current status - Pending at USCIS
My 240 days get over next week.
1)Can I stay in US after that? If I do not work after 240 days, won't my H1 be out of status.
2)My husband is here on valid H1. Can I file H4? If so, Can I do it now in US only?
3) If I go to India, can I apply for H4 with my current H1 still in pending?
4) Does my husband's company need to file the H4 for me OR  me and my husband can do it own our own.
Please help me out with my questions. I will really appreciate.

Answer
Hi,

You must temporarily suspend employment with the company after 240 days, but you can still remain legally in the U.S.

You can file for change of status to H4 on your own within the U.S., but you will not be granted change of status to H4 unless the H1B extension is approved first.

You can always depart the U.S. anytime and obtain H4 visa stamp from a U.S. Consulate in your home country.

Regards,
Ajay K. Arora, Esq.
www.H1B1.com

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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