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F2 -> H4 Pending -- Unlawful presence beyond 180 days?
Hi,
I got my H1B approved in October 2009. My start date was Oct 1, 2009 although my OPT will expire only this month (March 2010). My wife's H4 was applied along with my H1B but is still pending with USCIS. We had a RFE in Nov 2009 after a service request in Aug 2009 to which we responded with my approved H1B and Marriage Certificate. We had another service request this Feb 2010. So far there is no change in status. She is close to the 180 days grace period of illegal presence although the H4 was applied prior to expiry of my OPT. And the I-94 is marked D/S. My question is
1. Since H4 was applied along with my H1B and before expiry of I-94, Will she be considered Out of status till she gets her H4 approved?
2. If her H4 didn't get approved by 180 days, can she continue to stay in USA till it gets approved? Will it be counted as Unlawful presence?
Your response will be very appreciated.
I got my H1B approved in October 2009. My start date was Oct 1, 2009 although my OPT will expire only this month (March 2010). My wife's H4 was applied along with my H1B but is still pending with USCIS. We had a RFE in Nov 2009 after a service request in Aug 2009 to which we responded with my approved H1B and Marriage Certificate. We had another service request this Feb 2010. So far there is no change in status. She is close to the 180 days grace period of illegal presence although the H4 was applied prior to expiry of my OPT. And the I-94 is marked D/S. My question is
1. Since H4 was applied along with my H1B and before expiry of I-94, Will she be considered Out of status till she gets her H4 approved?
2. If her H4 didn't get approved by 180 days, can she continue to stay in USA till it gets approved? Will it be counted as Unlawful presence?
Your response will be very appreciated.
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