Urgent Help! H4 Pending since 8 months, H1B Approved recently. I-94 Expired.

[maddyh123]

Hi,

I filed my H1B & H4 on June 9th 2015, my I-94 expiry was on 7th Aug 2015. On Feb 22nd 2016 my H1B was approved, but my spouse H4 was transferred to Vermont center from California center stating "jurisdiction". Now our 240 day window is closing to stay legally past I-94 expiry. For H1B the below is applicable


The 240 day provision states:

“An H1B alien for whom the employer has filed a timely application for an extension of H1B stay can continue employment for the same employer while the request for extension of stay is pending with USCIS, for a period of up to 240 days beyond the expiration of the prior period of authorized stay. {8 C.F.R. 274a.12(b)(20)}.”

But for H4 I was not able to find any documentation.

My Questions:
1. How long can my spouse stay and what actions do I need to take so she can be legally stay in US. (I dont want her to send back to india alone as we have a newborn)
2. Can she stay legally past 240 days if my H1B is approved?
3. My passport is currently under renewal, so I cannot travel immediately. Please suggest the best thing for my situation.
4. We have applied passport for my newborn son, it may come in the next 15 days.

I really appreciate your help.

Thanks

[raghvi]

Hi,

I filed my H1B & H4 on June 9th 2015, my I-94 expiry was on 7th Aug 2015. On Feb 22nd 2016 my H1B was approved, but my spouse H4 was transferred to Vermont center from California center stating "jurisdiction". Now our 240 day window is closing to stay legally past I-94 expiry. For H1B the below is applicable


The 240 day provision states:

“An H1B alien for whom the employer has filed a timely application for an extension of H1B stay can continue employment for the same employer while the request for extension of stay is pending with USCIS, for a period of up to 240 days beyond the expiration of the prior period of authorized stay. {8 C.F.R. 274a.12(b)(20)}.”

But for H4 I was not able to find any documentation.

My Questions:
1. How long can my spouse stay and what actions do I need to take so she can be legally stay in US. (I dont want her to send back to india alone as we have a newborn)
2. Can she stay legally past 240 days if my H1B is approved?
3. My passport is currently under renewal, so I cannot travel immediately. Please suggest the best thing for my situation.
4. We have applied passport for my newborn son, it may come in the next 15 days.

I really appreciate your help.

Thanks

I don think the 240 day limit is not applicable for dependent visa extension.

This is my opinion not legal advice.

[maddyh123]

Thanks for the info

I don think the 240 day limit is not applicable for dependent visa extension.

This is my opinion not legal advice.

I called the vermont service center this morng, they told me that until my application is rejected she is not out of status and she does not have to leave the country.

I hope this helps anyone with similar situation.

Thanks

[tutor21k]

H4 under admin processing, h1b under admin processing

Hi, I am a new mom, my son was born on 31st May in New Jersey, USA. I am living in US since MAY 2012. I came to India in Oct 2015, I went for my h1b visa stamping which went under Administrative processing, i wasnt issued any slip nor have been asked to submit any document by US embassy till date. I recieved back my passport in February 2016 with no visa attached to it and status of my h1b visa still shows under Administratitve processing.

My husband is on h1b visa in New Jersey. He is been in US since last 9 years.

Its been more than 5 months since i came to India and waiting for h1b visa, so I decided to withdrawn my H-1B application and submitted a new application for the dependent spouse H-4 visa on 26th February 2016. But when i checked my visa status after 6 working days it shows from 'Ready' to 'Administrative Processing'. I was eligible for the dropbox and had submitted all the documents to them.

Can anyone please guide as to what should i do now so that i can get back to my husband asap??