What VISA is needed to remain in the US to accompany my US Citizen Child

[phaninsushma]

Hi,

My husband is on H1B & i am holding my H4 VISA. My daughter who is US Citizen studying Grade 1. My husband VISA extension was filed last year and it is still pending for decision. At the same time our previous VISA got expired and we are also meeting the 240 days cap by end of next month. After that, ideally we have to leave the country if USCIS still not make the decision.

Since my daughter academic year will complete by June 15, I am looking for options to remain in the US to accompany my US Citizen Child until her school academic years complete. Which is matter of 2.5 month from Mar. Since i am on H4 dependent, is there away i can stay back in sates on temporary basis to accompany my daughter until her school years gets finished. If so, could you please suggest what is the legal process.

Thanks.

[newacct]

Hi,

My husband is on H1B & i am holding my H4 VISA. My daughter who is US Citizen studying Grade 1. My husband VISA extension was filed last year and it is still pending for decision. At the same time our previous VISA got expired and we are also meeting the 240 days cap by end of next month. After that, ideally we have to leave the country if USCIS still not make the decision.

Since my daughter academic year will complete by June 15, I am looking for options to remain in the US to accompany my US Citizen Child until her school academic years complete. Which is matter of 2.5 month from Mar. Since i am on H4 dependent, is there away i can stay back in sates on temporary basis to accompany my daughter until her school years gets finished. If so, could you please suggest what is the legal process.

Thanks.

You can remain in the US for as long as a pending Extension of Status or Change of Status application is pending, no matter how long it takes. The 240 days is just the amount of time you can work on a work status extension after the I-94 expires.