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Spouse H4 Extension had been filed with 10 days Left. Can she be Out of Status?

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  • raghvi
    replied
    Originally posted by vgudiban View Post
    I am on H1B(Valid till 2020) and My wife is on H4 (I94 expiring by 04/13/2017). I have filed my H1B Transfer to new employer along with my wife's H4(I-94) extension. I had been notified that, USCIS will first make a decision on my Petition before looking into My wife's extension. Considering this, Will my wife becomes out of status/Illegal to stay beyond 13th April 2017 If USCIS could not consider her petition before 13th April 2017? Does my wife needs to leave the country If that is the case?
    Or, Since USCIS had received the documents before her last day, does she fall under legal stay category?
    As long as USCIS receives H4 I539 before I94 expiry, it should be fine.

    This is my opinion not legal advice.

    Leave a comment:


  • Spouse H4 Extension had been filed with 10 days Left. Can she be Out of Status?

    I am on H1B(Valid till 2020) and My wife is on H4 (I94 expiring by 04/13/2017). I have filed my H1B Transfer to new employer along with my wife's H4(I-94) extension. I had been notified that, USCIS will first make a decision on my Petition before looking into My wife's extension. Considering this, Will my wife becomes out of status/Illegal to stay beyond 13th April 2017 If USCIS could not consider her petition before 13th April 2017? Does my wife needs to leave the country If that is the case?
    Or, Since USCIS had received the documents before her last day, does she fall under legal stay category?
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