# H1B Strange situation



## blackjack7 (Dec 13, 2012)

Hi, 

I am in a strange situation, let me explain it as follows. Need help from experts

1. Recently got new H1B in 2012 and it is expiring in May 2013. 
2. Employer has filed for H1B renewal last week under premium petition and we are waiting for USCIS response. 
3. We are afraid that SOW we have provided is not a full company to company contract for multi year assignment but an individual letter written for me by Client.
4. I have been asking them to put me into some other assignment where a proper SOW is available but they are not willing me to release and want to take a chance.
5. My spouse is on H1B and her visa is valid for more than a year.

I want to know that if my visa extension gets rejected, can I apply for H4 (change of status even after my current H1B is expired) and can I apply for extension / transfer again from another employer even though if H1B extension from exisitng employer has been rejected once.


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## Davis1 (Feb 20, 2009)

go see an aila lawyer .. 

this all sounds very iffy 
"The duration of stay is three years, extendable to six years"

unless you had already done 5 years 

you are supposed to be employed direct to a US employer
an H-4 is the visa that spouse uses to accompany the H1B


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## blackjack7 (Dec 13, 2012)

Yeah I will not file h4 independently but as dependent to my spouse. 

My employer had contract till may when they filed h1b but now it is renewed and this the h1b needs renewal. Only issue is that as the contract renewal is taking longer than expected, they submitted a separate individual letter for me with extension application. Hopefully it goes through but just curious to know what options I have if it doesn't work out well.


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## twostep (Apr 3, 2008)

Do I understand you correctly? Your employer filed for an extension without having the basis for your existing H1B in place thus using somewhat iffy supporting documents and now you are having a case of cold feet. You should be able to adjust to spouse. You realize that visa hopping will set red flags.


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