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H4 Extension under process and travelling to India - I94 Expired.

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  • H4 Extension under process and travelling to India - I94 Expired.

    Hello All,

    I am on H1 visa and my wife is on H4 visa. Our I94 got expired and my employer had already applied for H1/H4 extension together on Aug 10th 2015 and our I94 expired on Nov 12th 2015.

    My wife wanted to travel on India.

    * Does it create any problem when she goes for H4 visa stamping in India with my approved I797
    * What happens to her H4 extension of stay in US (USCIS is going to abandon the application)
    * Since her I539 form(H4 extension of stay) got abandoned, does she go OUT OF STATUS?

    Please let me know, this info would really help.

    Thanks a ton in advance.

    Kumar

  • #2
    Originally posted by kumarkhols View Post
    Hello All,

    I am on H1 visa and my wife is on H4 visa. Our I94 got expired and my employer had already applied for H1/H4 extension together on Aug 10th 2015 and our I94 expired on Nov 12th 2015.

    My wife wanted to travel on India.

    * Does it create any problem when she goes for H4 visa stamping in India with my approved I797
    * What happens to her H4 extension of stay in US (USCIS is going to abandon the application)
    * Since her I539 form(H4 extension of stay) got abandoned, does she go OUT OF STATUS?

    Please let me know, this info would really help.

    Thanks a ton in advance.

    Kumar

    Hello Seniors,

    Can some please reply me...

    Thanks

    Comment


    • #3
      Originally posted by kumarkhols View Post
      Hello All,

      I am on H1 visa and my wife is on H4 visa. Our I94 got expired and my employer had already applied for H1/H4 extension together on Aug 10th 2015 and our I94 expired on Nov 12th 2015.

      My wife wanted to travel on India.

      * Does it create any problem when she goes for H4 visa stamping in India with my approved I797
      * What happens to her H4 extension of stay in US (USCIS is going to abandon the application)
      * Since her I539 form(H4 extension of stay) got abandoned, does she go OUT OF STATUS?

      Please let me know, this info would really help.

      Thanks a ton in advance.

      Kumar
      1. Not necessarily. Though she does have to declare in her DS-160 that she overstayed the period of authorized stay and justify by saying extension was timely filed.
      2. They should but to be on safe side might as well send withdrawal to USCIS.
      3. If she leaves, her stay beyond I-94 expiry is considered out of status, but should have no impact as the extension was filed prior to I-94 expiry.

      This is my opinion not legal advice.

      Comment


      • #4
        Thank you raghvi, appreciate your prompt reply.

        Comment


        • #5
          Not overstayed

          If the extension was timely filed even one day before expiration then its not considered overstayed
          There are thousands of people who filed for extension 60days before i94 expiration but due to RFE and other processing delays approval has been granted 6 or more months later. All these people aren't considered overstaying.

          I would in my personal opinion reccomend to delay travel until the pending extension petition is approved. God forbid if it doesn't get approved then it would be a lot better to reapply or appeal the denial sitting here in US than in India.

          Comment

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