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H1B extension in process but not H4.

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  • H1B extension in process but not H4.

    I-797/I-94 expires in May 31, 2018
    My company filed for extension of H1B in January. H4 extension is not submitted as it is not company expense. Both me (H1B) and spouse (H4) are Mexican nationals.
    My plan is that if extension comes before May 31, 2018 then I can drive to border to get new I-94 for my wife.

    My doubt is, what if extension does not come before May 31, 208? I know I am covered (H1B) since extension is underway, but for H4 it is not. I know she will need to leave the country. My questions are:

    Does H4 need to leave by May 31, 2018?
    How is the "exit" registered?

    I will appreciate any suggestions.

    PS. I'm trying to push for Premium Processing in my company, this way I am sure I can get it before May 31, 2018.

  • #2
    Originally posted by dmendez12 View Post
    I-797/I-94 expires in May 31, 2018
    My company filed for extension of H1B in January. H4 extension is not submitted as it is not company expense. Both me (H1B) and spouse (H4) are Mexican nationals.
    My plan is that if extension comes before May 31, 2018 then I can drive to border to get new I-94 for my wife.

    My doubt is, what if extension does not come before May 31, 208? I know I am covered (H1B) since extension is underway, but for H4 it is not. I know she will need to leave the country. My questions are:

    Does H4 need to leave by May 31, 2018?
    How is the "exit" registered?

    I will appreciate any suggestions.

    PS. I'm trying to push for Premium Processing in my company, this way I am sure I can get it before May 31, 2018.
    Why doesn't she just apply for Extension of Status by filing I-539 herself? Is it because it's too expensive?

    If her I-94 (not your I-94, but hers) says May 31, 2018 (and it almost certainly says a date no later than that, since that's when your H1b petition expires), then she needs to leave the US on or before that date, or have filed Extension of Status by that date. There is no "registering" an exit; she can get a stamp or other evidence from Mexico that proves she was in Mexico by that date.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Thanks, reason she did not apply for extension is because we are going to Mexico in July and perhaps her extension will not be ready by July. My Extension will be ready at least by August and that way she can come back with me and get new I-94 at border.

      .
      Originally posted by newacct View Post
      Why doesn't she just apply for Extension of Status by filing I-539 herself? Is it because it's too expensive?

      If her I-94 (not your I-94, but hers) says May 31, 2018 (and it almost certainly says a date no later than that, since that's when your H1b petition expires), then she needs to leave the US on or before that date, or have filed Extension of Status by that date. There is no "registering" an exit; she can get a stamp or other evidence from Mexico that proves she was in Mexico by that date.

      Comment

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