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Can I file for a change of status after H4 expired?

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  • Can I file for a change of status after H4 expired?

    I came to the USA in January this year. My husband has an H1b visa that expired in May. He applied for an extension and got another 3 years at his workplace. I was issued an H4 visa with expiration date July 2019. Now I’m trying to go back to school or get H1. Must I apply for an extension first before changing status? And is it too late to apply for extension?

  • #2
    It depends on your current status. Did you renew your H4 paperwork at the same time as your Husband's H1 in May ? If not, you are out of status. Extension of an H1 does not automatically mean H4 extensions unless these are filed for every applicant at the same time.

    What does your 797 say for expiration ?

    Opinion only. Cannot be construed as legal advice.

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