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lonedesi
03-04-2007, 08:08 PM
I am posting this question on behalf of a friend who needs some guidance w.r.t. H4 extension.
His H1b expires at the end of this month and he had applied for an H1b extension during Nov '06 after he received his I-140 approval. He received a RFE this week with USCIS requesting for additional documents. He had not applied for H4 extension during Nov '06 as his wife just moved to US in Jan 07. Her H4 expires at the end of this month. His problem is if he can apply for H4 extension for his wife, even though his own H1b has still not been extended due to a RFE. He can continue working as his application is still pending with USCIS but can he apply for H4 extension for his wife along with the additional documentation he is now going to send to USCIS in response to the RFE? Or can he apply for H4 extension based on the H1b receipt notice from USCIS? Or does he have to wait until he receives his H1b extension approved before he can apply for H4 extension? If that is the case, what would his wife's status be after her H4 expires at the end of this month and he has still not received the approval notice for H1 extension. Anyone with some knowledge in this area, please advise.

msp1976
03-05-2007, 07:01 AM
He can file the H4 extension based on the H1B extension application receipt...
Even if there is a RFE..that does not stop him from filing the H4 extension..Please tell him to file the H4 extension immediately....Usually you do not send a new application along with the answers of RFE..Just file it separately....After H1 goes through they would process the H4 too may be no at the same time but that should be fine....
As long as H4 extension is filed, wife's status is valid....

lonedesi
03-05-2007, 07:37 AM
Thank you msp1976 for your response.