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Leaving country while H4 extension pending

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  • Leaving country while H4 extension pending

    Currently I'm on H4 with Visa and I-94 expiry on 5th August. I need to be in the
    country till 17th August due to an personal emergency. My spouse's H1 extension is recently
    approved (based on online status) and waiting for I-797 A letter.

    Question:
    1) If I apply for H4 extension before 5th August and leave country when H4 extension
    status is pending with USCIS (I-94 expired by this time) , I understand the visa status will be Abandon status.
    2) Is this Abandon status same as Visa Refusal or Rejection?
    3) Will my status post 5th August will be considered as out of status if I leave country during visa extension pending status (I-94 expired when I leave but have applied for extension before expiry)?
    4) Any implications of the above scenario while coming back to US or do I have any other options?
    Please advise. Any help is really appreciated.

  • #2
    1) If I apply for H4 extension before 5th August and leave country when H4 extension
    status is pending with USCIS (I-94 expired by this time) , I understand the visa status will be Abandon status.
    >>> Yes. EOS might get denied if you leave.

    2) Is this Abandon status same as Visa Refusal or Rejection?
    >>> No. It has nothing to do with visa. Just your I-94 extension will be denied.

    3) Will my status post 5th August will be considered as out of status if I leave country during visa extension pending status (I-94 expired when I leave but have applied for extension before expiry)?
    >>> If the extension is denied, then the time that you have spent in U.S post your current I-94 date will be treated as illegal stay (not out of status).

    4) Any implications of the above scenario while coming back to US or do I have any other options?
    >>> Illegal stay can cause issues.
    Not a legal advice. Use of this information is strictly at your own risk.

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