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H1 Approved, H4 pending and visa expiring soon

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  • H1 Approved, H4 pending and visa expiring soon

    Hi,
    I got RFE on my dependents visa extension before the H1 extension is approved, asking for the primary applicants approval notice.
    I responded to the RFE on Oct 20 requesting to consider both the cases together with copies of my pending H1 receipt notice.

    Later, employer converted my H1-B along with my H4 to premium mode and H1 extension got approved on November 12. But H4 extension is still pending. I sent a second response to the same RFE with a copy of my H1 approval notice on November 20, but nothing changed and still showing the status as 'response to the RFE has been received' on Oct 20.

    The case is still pending and the visa expiry date is 8-Dec-2015 (I-94 expiry is on 15-Dec-2015). I contacted the customer service and they said it will take normally 60 days to process after the RFE response is received(Oct 20) and asked me to wait till Dec 20 and contact again if it is not approved.
    1. Which date would be considered as visa expiry date? stamped visa validity date (8-Dec) or i-94 validity (15-Dec)?
    2. Can my dependents stay after the visa/i-94 expiry as the case is pending with USCIS?
    3. What will happen if it got denied by any chance after the expiry date? can i re apply?

    Thanks for your advice.
    Asr

  • #2
    1. Which date would be considered as visa expiry date? stamped visa validity date (8-Dec) or i-94 validity (15-Dec)?
    >>> I am not sure what you are trying to ask. Visa expiry date will be printed in the visa in the passport. But visa is only an entry document to U.S. Visa is of no use once you are inside U.S. When you are inside U.S, your I-94 will determine when your status will expire. So if your dependent's I-94 will expire on Dec 15th, then that is when their status will expire.

    2. Can my dependents stay after the visa/i-94 expiry as the case is pending with USCIS?
    >>> Yes.

    3. What will happen if it got denied by any chance after the expiry date? can i re apply?
    >>> If it gets denied, then the time from the last I-94 expiry date until the time the person stays in U.S is considered as illegal stay. You can re-open the case, but that will take year so so to get a decision. A person cannot stay in U.S for that long without a valid I-94. So, if the H4 extension gets denied, then the best option is to leave the country immediately and return back on a valid H4 visa.
    Not a legal advice. Use of this information is strictly at your own risk.

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