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H4 Approval not received in 180 days, Can my wife stay in US?

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  • H4 Approval not received in 180 days, Can my wife stay in US?

    Hi,

    I am in different situation. need some help to understand current situation.

    My H1B extension & my wife H4 extension applied on same date(Dec 26 2017).
    I received RFE in July 2018, we replied to that & converted to premium. Now my Extension got approved. But i still didn't receive any update on my wife's approval.

    We crossed 240 days from the date of filing, we still didn't receive any update.

    I followed up with USCIS customer care they created case number a month ago, still not received update. In the call he mentioned you need wait 30 days and call back and give case number. As i didn't receive update i called again today. They are saying they do not take any personal case numbers, I need to contact California immigration center through email and provided email address.

    still they do not have update on i-539.

    Question is "Is my wife staying here as illegal immigrant" ?

    in both times i asked USCIS executive can she stay in US ? they responded saying yes as her case status is still pending.

    Any help in this situation is much appreciated.

    Thanks,
    Srikanth P
    Last edited by srikuc; 10-24-2018, 06:03 PM. Reason: updated title

  • #2
    Originally posted by srikuc View Post
    Hi,

    I am in different situation. need some help to understand current situation.

    My H1B extension & my wife H4 extension applied on same date(Dec 26 2017).
    I received RFE in July 2018, we replied to that & converted to premium. Now my Extension got approved. But i still didn't receive any update on my wife's approval.

    We crossed 240 days from the date of filing, we still didn't receive any update.

    I followed up with USCIS customer care they created case number a month ago, still not received update. In the call he mentioned you need wait 30 days and call back and give case number. As i didn't receive update i called again today. They are saying they do not take any personal case numbers, I need to contact California immigration center through email and provided email address.

    still they do not have update on i-539.

    Question is "Is my wife staying here as illegal immigrant" ?

    in both times i asked USCIS executive can she stay in US ? they responded saying yes as her case status is still pending.

    Any help in this situation is much appreciated.

    Thanks,
    Srikanth P
    Yes she can stay as long as her case is pending. She will not be accruing any illegal stay.
    Just an opinion; Not legal advice.

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