Immigration Issues/H1B Extension

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Question
Hello Ajay,

Firstly let me thank you for providing us online help.
I am currently on H1B1 work visa which expires in the 1st week of July. My company is looking at possible extension so I can get roughly around 4 months additional (vacation days outside US) and I wanted to clarify a few things -

1. For extension process, does the company have to post an advertisement again in local newspaper and on their bulletin board similar to what was done at the time of my hiring?

2. Can my wife's H4 dependent visa be filed at the same time along with my extension?

3. If my H1B1 extension does not come thru prior to expiration of my original H1B1, can I and my wife still reside based on the fact that I have filed for extension?

Thanks for your time and help.

Regards,

Amrish

Answer
Hi,

The company does not normally need to advertising a position in a newspaper or on their bulletin board prior to filing H1B petition unless the employer is "H1B dependent". This is the employer's responsibility if the employer is H1B dependent, and since your signature is not required anywhere on the petition, please leave this obligation, if applicable, to the employer. The following web page from the Department of Labor provides additional information: http://www.dol.gov/compliance/guide/h1b.htm#BasicPro

Your wife's H4 application requesting extension of her status for 4 months can be filed concurrently with your H1B petition requesting extension of status.

You and your wife can remain legally in the U.S. if H1B/H4 is not approved prior to I-94 expiration. However, if the H1B/H4 extension is denied, then you must immediately depart the U.S. Thus, it may be a good idea to file H1B/H4 through premium processing, so that the USCIS makes a decision within 15 days of filing.

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

Immigration Issues

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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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