I have my spouse whose I94 expired because of passport expiry date. Its beyond 180 days. We just realised this. Now my employer is filing for h4 npt and then after a month file for h1 and h4 extension.
Meanwhile a new employer is filing for H1 , H4 and NPT in premium , can we have 2 H4 NPT petition at same time.
If H4 NPT for employer 2 is denied can she still stay in US and wait for employer 1 NPT status. or she has to exit the us if NPT( from employer 2) is denied though we have another NPT pending ?
Her i94 is expired, so she is ‘out of status’ already.
So, it is your choice to keep waiting for employer 1’s NPT application result even if employer 2’s NPT is denied.
If NPT is approved, the status is corrected from back date.
Thanks a lot Anil. Have you seen cases where H4 NPT is filed concurrently by two different employers ?
Also if the employer 1 gets H4 NPT approved and we are not able to join them , they will revoke the h1 right ? in that case will h4 npt decision be also gone ?
Or the H4 NPT will be approved and employer 2 will have no issues with getting H4 npt approved ?
Thanks a lot for helping answer these.
H4 is independent of the employer. If H4 is approved, it stays valid as long as the primary H1B maintains their status.