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Immigration Issues/H1 and H4 simulatenously

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Question
Hi Arora,
I applied H1 for my wife and it is in processing.She is currently on H4.
Her H4 extension is also in progress along with my H1 extension since my visa is expired in sep.

Now in case if we get H1 approved first and then H4 approved,will she be moved into H4 automatically?

Can't she continue work on H1 anymore?

Please advise since her employer is saying Whichever comes last,that status will be final and we need to reapply for H1 again

Can you please advise what is the risk involved and what is proper way of handling this issue?

How much cost is involved for this change back from H4 to H1 and also the time taken?

Thanks.

Answer
Hi,

If H1B petition is approved first, and then H4 is approved, the latest action taken by the USCIS will be grant of change of status to H4. Since an individual can hold only one status at a time in the U.S., and the latest action will have been grant of change of status to H4, your wife will automatically be in H4 status in this scenario and will no longer be in H1B status.

H1B petition can be filed again if needed requesting change of status from H4 to H1B. It typically takes around 2 to 5 months after filing for an H1B or H4 application to be approved by the USCIS. I suppose that you would already be familiar with the filing fees involved in H1B or H4 filings.

The following articles from our website may be helpful although not directly related to your query: http://h1b1.com/family.htm and http://h1b1.com/concurrent.htm

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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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