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H4 Application after 4 months but valid I94

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  • H4 Application after 4 months but valid I94


    This details below is question and also information for other people since it contains what USCIS and CBP (Customs and Border protection) told us.

    My H1 was approved for oct 2007(infact, just days before oct 1 because of a query)..It was a COS and so, I should have joined the h1 company in october but was my H1 company insisted , I join later once I get a contract.

    So for 2 months, I worked for my l1 employer (Oct and Nov). - I was said by lawyers that, there is a 60 day transition period that is granted in case of COS.

    But I was not having good gut feel on this arrangement so In starting of dec, I decided to go back to L1 and not join H1so my COS and my wife's extension (since her H4 was never applied) was applied.

    Due to it getting into query loop on L1 and L2, my patience ran out, and , I finally withdrew L1 and L2 extension in Jan and joined H1 company.

    So we had a worry, if my wife was out of status from Oct. I thought, she was not, becausee, I anyway had 60 days from oct 2007 so that was till dec end..Then in dec, applied for L2 so she was again good and then as soon I withdrew L1, we filed for her H4.

    My above assumptions are based on following :
    We called USCIS and they said that, as long as my wife has pending petition, she is in status. They recommanded also to talk to CBP regarding her I94 since her I94 was valid till 2009 on l2 category.

    We also called CBP (customes and Border protection) and described them the situation completely and they said that, my wife is not violating and her I94 is valid even if she has not applied for H4 but recommanded to apply for H4 ASAP, which we did.

    So now, I am not planning for her to be India and wait for H4 petition that I filed from within US.

    I have heard that, h4 process takes around 3-4 months and since we applied in Jan, it would be around 8 months(oct-jan=4 and 4 months processing), when her application will be processed..May she be into 180 day period then?

    I asked this to USCIS and they said ...NO..

    Any thoughts ?

  • #2
    H4 Application after 4 months but valid I94


    I am also in the same situation, please update if you found any solution/suggestion.