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I stay in US on H1- visa which will expire in July,2018. My…

I stay in US on...
I stay in US on H1-B visa which will expire in July,2018. My wife, who is on H4, left the US in January,2018 and is planning to return in October 2018. My company is planning to file an H1 extension next month. They mentioned that My H1 and my wife's H4 extension can be filed together. Can it be filed together?
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3/28/2018
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,792
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Sorry for the delay. I just ask that if the news is not good that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

Unfortunately, they cannot be. They can only be filed together IF your spouse is in the U.S. AND she stays in the U.S. until her I-539 is approved which could take a few months as there is no Premium Processing for H-4. I have heard that if an H-1B extension is filed in Premium Processing and an I-539 is filed with it, they may expedite the H-4. If your spouse needs to travel during the specified time period that the I-539 will be pending, then she should stay out until your H-1B extension is approved. That way they give her up until the new date of your new I-94 once she comes in.

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Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,792
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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