H1 Renewal

[samforu]

Hi,

I need to renew my H1 in the next couple of months. My wife is on H4 ,her H1 application has been approved and we have received the approved documents. When I apply for my H1 renewal do I need to apply for her H4 renewal too?

Thanks
Sam

[contact 01]

I need to renew my H1 in the next couple of months. My wife is on H4 ,her H1 application has been approved and we have received the approved documents. When I apply for my H1 renewal do I need to apply for her H4 renewal too.

You need not renewal her H4 status as of now she is having H-1b status which is valid from October 2008.

Only your H-1B has to be renewed as of now. She will also become H-1B holder once she accepts the job with the H-1B employer and it starts from October 2008 onwards

Note: This is not a legal advice, please consult an attorney

[samforu]

Thanks Contact01.

[switchtoit]

Your wife has to apply for COS from H4 to H1. Then ONLY she can start working for the employer. Just because your wife has approved petition, H4 to H1 conversion is NOT automatic.

[samforu]

Her I-797 mentions Change of status approved.

[switchtoit]

Provide exact information.

From your post it looks like you had applied for COS while filing your wife's H1 which you did not mention while raising the question. This means your wife will be in H1 status from Oct 2008.

Did your wife receive new I 94 with the approved I 797?
What is your and wife's current I 94 expiry?

[samforu]

Hi,

Did your wife receive new I 94 with the approved I 797?

Yes, she has received a new I 94 along with the I-797

What is your and wife's current I 94 expiry?

The date on the new I-94 is Sept 2011.

Regards,

[samforu]

My I-94 expiry date is Oct 2008 , My wife's new I-94 expity date is Oct 2011.

[switchtoit]

So your wife's old I 94 also should be until Oct 2008. You are all set.
Your wife can start working for the new employer from Oct 1 2008. She will be on H1 status from Oct 1 2008.

[samforu]

Dear Switchtoit,

Thanks a lot for your response.