Travel on tourist visa by dependent when spouse H1 extension is in processing

[pramodsoori]

Hi All,

My spouse went on vacation to India while our H1 and H4 extensions are in process well before the existing visa expiry.

Its almost 10 months that i have applied for extension and it is still in processing state.

So wanted to know , can she come back to US on a tourist visa as she cannot apply for H4 because my H1 already expired.


Thanks
Surya

[raghvi]

Hi All,

My spouse went on vacation to India while our H1 and H4 extensions are in process well before the existing visa expiry.

Its almost 10 months that i have applied for extension and it is still in processing state.

So wanted to know , can she come back to US on a tourist visa as she cannot apply for H4 because my H1 already expired.


Thanks
Surya

I would not advise that.

10 Months is a really long time. Has your I-94 already expired? Might be a good idea to upgrade to premium or ask your attorney to take an infopass appointment with USCIS to determine what is causing the delay.

This is my opinion not legal advice.

[pramodsoori]

Thanks for the suggestion Raghvi.

Below are the details.

Nov 2015 - Applied for extension
March 2016 - Spouse left to India.
May 2016 - Both our I-94's expired
June 2016 - Raised a inquiry as the case status was just application received for more than 210 days.
June 2016 - Received RFE within a week after the inquiry.
August 2016 - Response to RFE received by USCIS on 9th Aug.

Did not opt for premium as i had a bitter experience last time .

Generally how long does it take for USCIS to provide a decision on the RFE response. My company says its 90 days, which is too long and tats the reason for asking about the tourist visa.

Thanks
Surya