Apply ITIN for H4 while Extension is filed and waiting for approval

[rajeshkotamca]

Hi All,

My H1B Visa and my spouse H4 visa are expired on Jan 29th and we applied for extension. I got my approval notice and H4 approval is still awaiting.
Can i Apply for ITIN with the approval notice for H1 and receipt notice for H4. If yes, what should go under 6c column (Visa dates).

Please advice.

Thanks in advance.

[yogendra]

ITIN Processing

Hi,

I have been in a situation where I had H1B extended till 2018. However my spouse and Kid's H4 Visa was expired and applied for Extension. I had applied for ITIN numbers for both on 5th Feb 2016. After a long wait of 7 months and several to and fro mails of document re-submission, I finally got ITIN Numbers for both. Thought to share my experience so that it can be useful for others. I had to wait to get the H4 petition approved and send that copy to IRS. Unfortunately H4 extension took 8 months, so if you are filing ITIN, and are waiting for H4 extension, better process it in premium.

Whilst request the ITIN, please ensure you send the below documents at once to IRS office. (This applies for those whose Visa is expired and extension is received)

W7 (Select Reason as g [if you are a non resident alien] else select reason [e])
Federal Return (1040)
Original Passport (Or certified copy from the issuing authority - I prefer sending certified copy only. Passports may be misplaced )
Approved I797 for H4 Extension from USCIS (H1B extension is not useful)
Visa Copy (Stamp on Passport)
I-94 Copy (Even if expired)

Once you send these documents, it will take 3 to 6 weeks based on the load at IRS. If you send during tax filing stage, it will take 6 weeks to get ITIN number, and after that another 6 weeks to get refund (if any) Usually after June it takes 3 weeks for each.

Regards,
Yogendra