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H1 Max out - Kids School

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  • H1 Max out - Kids School

    Hi ,

    This is Senthil from dallas. My H1 is max out by Apr 12, 2020. And kids are in the middle of 6th grade. I haerd from friend that we can get the letter from local senator and extend the I94 for school calender period, So kids can complete the schooling without any problem.

    Kindly advise that anyone did that? is there any options can H4 can stay and complete the school academic.


  • #2
    The below advise is assuming you did not file for perm and therefore no H1 extension is possible after 6 yrs.

    USCIS will not extend an H1 beyond 6 yrs or give you an I94 extension in that class, unless you filed for Perm before the start of your 6th year. This automatically means H4's (whcih are dependent on H1's can't be extended as well).

    One option is to file I-539 to convert from an H1 to a B1 (visitor visa for all family members) with the letter from your senator (if they can give you one with the reason you want to do this). The USCIS is usually very understanding in these matters.
    You can file this in March 2020 and it usually takes several months to adjudicate the case by which your kids will be done with school and you can return to your country.
    Opinion only. Cannot be construed as legal advice.