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H1 and H4 extension pending - Spouse travelling

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  • H1 and H4 extension pending - Spouse travelling

    Both H1 and H4 extension filed and pending with expired I-94.

    Now spouse is traveling to India due to family emergency.

    1) What should we do with filed extension for H4?
    2) Any issues for her when she attends H4 interview in India?
    3) Will she be out of status as she stayed with pending H4 extension and expired I-94, left before decision is pending?

  • #2
    Originally posted by simple_guy View Post
    Both H1 and H4 extension filed and pending with expired I-94.

    Now spouse is traveling to India due to family emergency.

    1) What should we do with filed extension for H4?
    2) Any issues for her when she attends H4 interview in India?
    3) Will she be out of status as she stayed with pending H4 extension and expired I-94, left before decision is pending?
    1. If she is leaving US then technically no need to do anything with the extension request as it would be abandoned.
    2. I dont see, as long as you are maintaining valid H1 status. She would have to wait till H1 extension is approved with a extended I-94.
    3. Technically yes, but can be explained to the VO the need to travel, if asked.

    This is my opinion not legal advice.

    Comment


    • #3
      Found article, which says pending application abandonment is not considered Our Of Status.

      Comment

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