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H1B approved, withdrawn H4 extension

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  • H1B approved, withdrawn H4 extension

    My H1B has been approved and I have withdrawn my H4 extension(since, if H4 approval comes after H1 then as per last action rule the H1 will not be of any use) which was applied with my spouse H1 extension. But my existing I-94 is expiring in mid September 2014. Can I stay in US for the last 2 weeks of September? Or is there any other way I can extend the existing I-94 till October 1st.

  • #2
    Originally posted by MaverickD View Post
    My H1B has been approved and I have withdrawn my H4 extension(since, if H4 approval comes after H1 then as per last action rule the H1 will not be of any use) which was applied with my spouse H1 extension. But my existing I-94 is expiring in mid September 2014. Can I stay in US for the last 2 weeks of September? Or is there any other way I can extend the existing I-94 till October 1st.

    Since your I-94 is expiring before H1 start date you would go out of status from H4 I-94 expiry date onward, don't assume you would automatically go back to status from 1st October.

    One gets on status from 01-Oct-2014 only if you were in valid status on 30-Sep-2104 if not the out of status will stretch from H4 I-94 till you correct this.

    This is my opinion not legal advice.

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    • #3
      Thanks for your advise. But if my Spouse H1B gets extended and none of us go out of US till October 1st, in that case is there a way I can get my H4 extended till September 30th and get automatically to H1B on October 1st?

      Originally posted by raghvi View Post
      Since your I-94 is expiring before H1 start date you would go out of status from H4 I-94 expiry date onward, don't assume you would automatically go back to status from 1st October.

      One gets on status from 01-Oct-2014 only if you were in valid status on 30-Sep-2104 if not the out of status will stretch from H4 I-94 till you correct this.

      This is my opinion not legal advice.
      Last edited by MaverickD; 05-15-2014, 11:24 PM.

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