Returned to India after applying I539 (H4 extension)

[Viswanathan Vijayakumar]

Hi,

My H1 extension was processed in premium and got approved on Sep 19th. My employer filled I539 for my wife on Sep 24th but she departed from US on Sep 28th, will her I94 been deemed as out of status ?

Can she get her H4 stamped and return to US, will there be any issues ?

Regards,
Viswanathan V

[raghvi]

Hi,

My H1 extension was processed in premium and got approved on Sep 19th. My employer filled I539 for my wife on Sep 24th but she departed from US on Sep 28th, will her I94 been deemed as out of status ?

Can she get her H4 stamped and return to US, will there be any issues ?

Regards,
Viswanathan V

When did your spouse's H4 I-94 expire? If it has already expired in the past then yes she will be considered out of status since I-94 expiry till the date of her exit and the overstay period has to be declared in the DS-160 which she will fill prior to get her new H4 Visa stamping. I personally believe the over stay should not have any impact on her H4 as it seems there want much overstay.

This is my opinion not legal advice.