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  • Leave country while extension application is pending

    Hi All,

    My wife's H-4 visa expired on Jan 4th, 2010 (her I-94 was valid till the same date). We filed an application for her extension of stay on Dec 30, 2009 and the decision is still pending.

    Now, she needs to leave the country urgently because of an emergency. I know that if you leave the country while the extension application is pending, the application becomes void. So, if she leaves the country now, will she be out of status because of illegally staying from Jan 4, 2010 till now (since her extension application will be considered void)?

    Thanks so much,
    Himkriti

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