回复：回复：回复：请教8老师，pjiang老师: h4 got denied while h1b mtr still pedni

my new company applied perm+140 for me and both got approved quickly so lawyer filed 3 years h1b extension based on approved 140 while motion to reopen of h1b transfer is still pending... honestly i am not quite sure if lawyer did the right thing?

-The lawyer is crazy or may want to get more money. Your employer/lawyer can not refile a new H1 petition when the MTR is pending for the old H1 petition if these two H1 petitions are for the same position in the same employer. So, most likely your later H1 petition will be rejected or denied. 

 

 

还是必须让老婆回国去reapply h4啊？

-If your H1 MTR is approved within one month after your spouse H4 was denied, your spouse can file MTR for the denied H4. She of course can go to China to get the H4 visa when your H1 is approved. She may also file the H4 MTR now base don your pending MTR (discuss this with your lawyer).



其实我本来一直想让律师file我的h1b extension的同时file老婆的h4的，但是律师想等等看。。。。。。我问他lp要是out of status以后拿绿卡有问题吗，律师居然说只要我没out of status以后拿绿卡就没问题，不太相信他的说法。8老师觉得我老婆以后拿绿卡会有问题吗？

 -Nonsense! If your spouse is out of status/unlawfully present for > 180 days, she will never get the green card in US. So, your spouse has to get her H4 status until her files I-485 and it is long way to go.

 

 

 

 

如果我的h1b extension这个月底approve了，能马上在us给lp file h4吗，

-No because she is out of status from the date the H4 was denied.