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  • H4 Status still pending at Vermont Service Center

    Hi,
    My wife's H4 case is still pending at Vermont Service Center. Her application was submitted on May 19th, its still Under Initial Review. Although my H1 which was submitted on the same date was approved over 2 months back and I have the petetion everything.

    Its a case of Renewal / extension. Original I94 expired on July 31st 2011.

    I have a few questions.

    1) If she has to travel to India, can she travel without the I539 approved? Or should I wait till its approved.
    2) Any chances of it getting rejected / any RFEs?
    3) Anything I need to take care of?

    It seems they are still processing the applications from May1st, this update is as of July 31st (SOURCE the Visapro site)

    Anything to worry about???

    Appreciate your response

    Thanks,
    Rahul

  • #2
    Originally posted by katerahul View Post
    Hi,
    My wife's H4 case is still pending at Vermont Service Center. Her application was submitted on May 19th, its still Under Initial Review. Although my H1 which was submitted on the same date was approved over 2 months back and I have the petetion everything.

    Its a case of Renewal / extension. Original I94 expired on July 31st 2011.

    I have a few questions.

    1) If she has to travel to India, can she travel without the I539 approved? Or should I wait till its approved.
    She should wait until it gets approved.

    2) Any chances of it getting rejected / any RFEs?

    Not very likely.

    3) Anything I need to take care of?

    She should call USCIS asap. It has been too long as it is.

    It seems they are still processing the applications from May1st, this update is as of July 31st (SOURCE the Visapro site)

    Anything to worry about???

    Appreciate your response

    Thanks,
    Rahul
    If she leaves without getting a decision the I-539 may get denied. If that happens, her stay past the I-94 date will be considered illegal and that can cause problems later.
    This is my opinion and not legal advice.

    Comment


    • #3
      Thanks buddy, really appreciate it.

      I called up USICS infact my Attorney called up. She said there are several cases pending. As per the below link, they are processing applications for May 1st, this update is as of July 31st though.. As per the Attorney, they have a backlog of 3 to 4 months.

      I called the IVR Toll Free # for USICS and as per their status the case is still pending.

      Anybody having similar issue??

      Please let me know.

      Comment


      • #4
        Hello Katerhaul and Kabkaba,

        I am in a somewhat similar situation. My wife quit her job in July 2011 and the I-539 to change her status from H-1B to H4 was received by the USCIS (Vermont centre) on the same date as her last date at her job.

        We have travel coming up in mid-October and both of us need to get visa stamping done, H-1B for me and H4 for my wife.

        Her I-94 from her own H-1B is valid till January 2012.

        Based on the above is it safe for her to leave the USA in October 2011 and apply for her H4 in India without the approved I-797 for her H4?

        Please help

        Thank you

        Comment


        • #5
          Not an issue. H4 approval notice is not required for stamping. H4 visa is issued based on the H1B approval notice.

          Originally posted by pda2008 View Post
          Hello Katerhaul and Kabkaba,

          I am in a somewhat similar situation. My wife quit her job in July 2011 and the I-539 to change her status from H-1B to H4 was received by the USCIS (Vermont centre) on the same date as her last date at her job.

          We have travel coming up in mid-October and both of us need to get visa stamping done, H-1B for me and H4 for my wife.

          Her I-94 from her own H-1B is valid till January 2012.

          Based on the above is it safe for her to leave the USA in October 2011 and apply for her H4 in India without the approved I-797 for her H4?

          Please help

          Thank you
          Not a legal advice. Use of this information is strictly at your own risk.

          Comment


          • #6
            Thank you very much for the advice Shervin

            Could there be any issues due to leaving the USA with a pending I-539 to change status from H-1B to H-4? Reason I am worried is because my wife's stauts is in limbo as of now. Most recent status is H-1B but she won't have current paystubs till her departure date since she quit her job and applied for H-4 status back in July 2011

            Please let me know what you think...

            Thanks again

            Originally posted by shervin143 View Post
            Not an issue. H4 approval notice is not required for stamping. H4 visa is issued based on the H1B approval notice.

            Comment


            • #7
              Usually it is never advisable to leave when a petition is pending with USCIS. If you can postpone the trip, then I would advise you to do that. If not, you can allways explain to the VO and show the receipt notice that was filed for a COS from H1B to H4.

              Originally posted by pda2008 View Post
              Thank you very much for the advice Shervin

              Could there be any issues due to leaving the USA with a pending I-539 to change status from H-1B to H-4? Reason I am worried is because my wife's stauts is in limbo as of now. Most recent status is H-1B but she won't have current paystubs till her departure date since she quit her job and applied for H-4 status back in July 2011

              Please let me know what you think...

              Thanks again
              Not a legal advice. Use of this information is strictly at your own risk.

              Comment


              • #8
                Thank you!

                Originally posted by shervin143 View Post
                Not an issue. H4 approval notice is not required for stamping. H4 visa is issued based on the H1B approval notice.
                Originally posted by shervin143 View Post
                Usually it is never advisable to leave when a petition is pending with USCIS. If you can postpone the trip, then I would advise you to do that. If not, you can allways explain to the VO and show the receipt notice that was filed for a COS from H1B to H4.

                Comment


                • #9
                  I am in still same situation

                  I applied for change of status to H4 on in 20th may 2011. Still waiting............does anybody's pettion has been approved

                  Comment


                  • #10
                    My Attorney's Clarification / Opinion

                    Hi Guys,
                    Here is what my attorney says:

                    H4 candidate can travel. If she needs a stamping done, then she can get it done based on my H1B approval notice. I hope she is right. My wife is traveling to India on Oct 22nd. I am traveling on Dec 9th and we are planning to go for stamping on Dec 12th. Appointments are not scheduled yet.

                    Comment


                    • #11
                      I-539 Approved

                      Hello All,
                      Just FYI.. My wife's I-539 was approved yesterday 10/17. Application date was 05/19, it took almost 5 months for her case. You can calculate your timings accordingly.

                      Comment

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