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H1-B and H-4 questions. Please, help to understand!

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  • H1-B and H-4 questions. Please, help to understand!

    Hello, my name is Anna and I'm worrying about our status here in the USA.
    My husband's employer keeps saying that his lawyers are getting through the process of renewal of H1-B status for Viktor (my husband).
    But he doesn't give us any details, so we don't understand what's going on.
    Information on the internet is quite contradictory.
    There is how I understand what should be (please, correct me if I'm wrong):
    1.The employer files LCA (Labor Condition Application) at local DOL (how long does it take to get an answer?).
    2.Upon DOL certification, the employer files the BCIS Form I-129, the required filing fee and other required supporting documentation, including the approved LCA to the BCIS.
    He then gets notification of documents receipt. From now on Viktor can legally stay in the USA until he gets an answer. We were told that we are allowed to stay up to 240 days. Is that right for both of us or only for him (because I have H-4 visa)?
    3.Finally, the employer gets I-797 (how long does it take?) with new I-94 for Viktor. It must be gotten before the old I-94 expires (if not – then??? Who will be responsible?).
    4.If everything done before visa expires Viktor can renew it in Washington, DC by mail, if not – he has to go to Ukraine to get a new visa (any chances of refusal?)
    5.My H-4 status. Must file separate form (I-539) upon Viktor's I-797 receipt. Will it be illigal for me to stay in the country while we are waiting for the answer for Vitor? Our I-94 expire on November 15, 2003.
    I would so much appreciate if somebody can help. We don't want to break the law...

  • #2
    Hello, my name is Anna and I'm worrying about our status here in the USA.
    My husband's employer keeps saying that his lawyers are getting through the process of renewal of H1-B status for Viktor (my husband).
    But he doesn't give us any details, so we don't understand what's going on.
    Information on the internet is quite contradictory.
    There is how I understand what should be (please, correct me if I'm wrong):
    1.The employer files LCA (Labor Condition Application) at local DOL (how long does it take to get an answer?).
    2.Upon DOL certification, the employer files the BCIS Form I-129, the required filing fee and other required supporting documentation, including the approved LCA to the BCIS.
    He then gets notification of documents receipt. From now on Viktor can legally stay in the USA until he gets an answer. We were told that we are allowed to stay up to 240 days. Is that right for both of us or only for him (because I have H-4 visa)?
    3.Finally, the employer gets I-797 (how long does it take?) with new I-94 for Viktor. It must be gotten before the old I-94 expires (if not – then??? Who will be responsible?).
    4.If everything done before visa expires Viktor can renew it in Washington, DC by mail, if not – he has to go to Ukraine to get a new visa (any chances of refusal?)
    5.My H-4 status. Must file separate form (I-539) upon Viktor's I-797 receipt. Will it be illigal for me to stay in the country while we are waiting for the answer for Vitor? Our I-94 expire on November 15, 2003.
    I would so much appreciate if somebody can help. We don't want to break the law...

    Comment


    • #3
      The LCA usually takes one to two days to be approved. It is included in the I-129 extension packet. Once the I-129 is filed, he has 240 days in which he can stay beyond the expiration of the I-94. If the visa in his passport is expired and he has a valid I-94, he can renew his visa through the State Department. Or, he always has the option of going to a U.S. consulate either in the home country or Canada or Mexico. If you did not file the I-539, you need to file it before your I-94 expires. You do not have to wait for your husband's I-797 to be received.

      mmorales@myronmorales.com

      Comment


      • #4
        Thank you very much!

        Comment

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