H4 / ​​H1B renewal

[Werniman 0]

Hello,
unfortunately there were problems with my wife's green card procedure (wrong advice from our lawyer, so the wrong category was filed). Therefore, the application has to be withdrawn by us and we have to start again. That is a long story.

For this reason, your H1B now has to be extended. Because her previous H1B has expired, she must now temporarily leave the US until the H1B renewal has been approved. Our new lawyer is currently preparing the documents for this.

I've had an H4 so far, but this one ended with my wife's H1B. I too would like to extend my H4. That's not hard, I did that the first time without a lawyer.  In the DS160 you have to enter the confirmation number of the H1B, so I can submit the DS160 only after its approval.

My questions:
Do I have to submit a copy of the H1B-Approval Notice with the DS-160 or is it enough to give the number? Unfortunately, I forgot how it was handled on the first H4.

Is it correct that visa renewals (H1B, H4) will not always be interviewed if the old visa expired less than 12 months ago?

If an interview is necessary: is it possible to do both interviews on the same day or is this only dependent on the number of available appointments of the consulate?
 

[jan22 3,053]

You can't extend your H4 when your wife isn't in H1 status.  So, when she has to Ieave the US, so do you.  You then both apply for new visas based on the new petition, once it's approved.  Since you mentioned the DS-160, I assume you knew that, but wanted to clarify since you talked about extending your status.  Once you leave the US, you have no status to extend.

 

Whether it wii require an interview or not depends on a lot of things.  I wouldn't count on it, since even if you appear to qualify for no interview, you can always be called in for one, so you need to be prepared for that.

[Werniman 0]

If I understand correctly, then is it only officially in H1B status after the visa was officially granted (after the interview)?

[jan22 3,053]

16 hours ago, Werniman said:

If I understand correctly, then is it only officially in H1B status after the visa was officially granted (after the interview)?

You're not in H-1 STATUS until you have the visa and use it to enter the US.  You can apply for the H4 visa at the same time as the H1 and both will be adjudicated at the same time.  Or, you can apply for the H4 visa after the H1 visa is issued.

 

To repeat myself -- just to be sure -- you cannot stay in the US and wait until she gets a new H1 and then apply to renew/extend your H4 status.  You lose/lost your H4 status the minute your wife is/was not in H1 status.  As you then will have no status in the US, you cannot extend it. 

Edited October 30, 2018 by jan22