Immigration Issues/H 4 period gap

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Question
Dear Mr Ajay,

I need your advice. When my husband transferred his H1B , he got new H1B period , which was few more months than his original one, but my H4 period hasn't changed . This time when I asked for my H4 renewal with the date right after my current period ends, 09/27/2011 , they approved it based on my husband renewal period, which starts from 01/12/2012. I clearly asked them to renew from 09/26/2011, but they approved from 01/12/2012. My question is can I contact USCIS and ask them to approve my renewal from 09/26/2011, which was put in the current petition, or do I have to file another H4 renewal petition based on my husband transfer petition? My husband used premium renewal service along with my H4 petition in the same envelope. Thank you.

Answer
Hi,

I am assuming that your husband's current H1B status does not expire at least until 01/12/2012. In other words, he currently already has an H1B approval notice for the period 09/27/2011 to 01/12/2012. Your H4 application requesting extension of status should have been filed along with copy of your husband's current H1B approval notice.

There are 2 options: filing another H4 extension and attaching appropriate copy of your husband's H1B approval notice where he is permitted by the USCIS to maintain H1B status between 09/26/2011 and 01/12/2012, or else departing the U.S. prior to 09/27/2011 and then entering the U.S. with an unexpired H4 visa stamp.

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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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