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Ely
Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 3911
Experience:  Private practice in several areas, including immigration
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I am on H1B and came to US in Feb 2011. My wife came with me

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I am on H1B and came to US in Feb 2011. My wife came with me to US at same time on her H4. Later she got a job opportunity and an employer initiated her H1B. She worked in USA from Jan 2012 to Aug 2012 and then converted to H4 due to personal reasons in Aug 2012. Her H1 was approved till Dec 2012. We went to India in June 2013 and got our H1 and H4 stamping done. Her stamped H4 is valid till Sep 2015. She came back to US in Mar 2014. In May 2015 another employer did her H4 to H1 conversion and my wife started working for the new employer from May 2015. Her H1B is getting expired on 16 Jul 2016. We had a delay in starting the H1B extension process. Her employer has started working on the H1B extension process.I have below questions1. Is there an option for doing an H1B extension filing after the expiration date. What can happen if her extension is filed after 16 July 2016 (Expiration Date).2. Is there a grace period for H1B extension filing after the expiration date.3. Can she work if her H1B extension is filed before 16 July 2016 and got the receipt of USCIS packet accepatance.4. I(Spouse) have my I140 approved with the previous employer. My new employer is yet to start my GC process. Can my wife get EAD based on the old apporved I140. My I140 is not revoked and my new employer got me a 3 year H1B extension based on my old I140.5. Is there a receipt notice, after H1B Extension request submission, that she will receive based on which she can start working again.6. Can she convert to H4 since I am on H1B and what is the criteria to be convert it back to H1B.
Submitted: 9 months ago.
Category: Immigration Law
Expert:  Judith Ludwic replied 9 months ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

You have set lowest value for multiple questions. I will give you courtesy of replying to each question one time.

If you want to have further follow-up questions it will be premium service.

Please tell me whether that is acceptable or I will opt out.

1. Is there an option for doing an H1B extension filing after the expiration date. What can happen if her extension is filed after 16 July 2016 (Expiration Date).

2. Is there a grace period for H1B extension filing after the expiration date.

3. Can she work if her H1B extension is filed before 16 July 2016 and got the receipt of USCIS packet accepatance.

4. I(Spouse) have my I140 approved with the previous employer. My new employer is yet to start my GC process. Can my wife get EAD based on the old apporved I140. My I140 is not revoked and my new employer got me a 3 year H1B extension based on my old I140.

5. Is there a receipt notice, after H1B Extension request submission, that she will receive based on which she can start working again.

6. Can she convert to H4 since I am on H1B and what is the criteria to be convert it back to H1B.

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