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H4 extension from outside USA

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  • H4 extension from outside USA


    My 6 yr H1B expires in Oct 2010. I am applying for H1B extension and my GC status is I-140 approved. My family has gone to India for vacation. Can i apply for H4 extension when the dependents are outside USA? They have surrendered their I-94 when leaving USA. They have I-94 receipt from copy of I-797 which is valid till Oct 2010. My employer says that the dependents should be in USA for H4 extension.


  • #2
    Extension of status applies only when a person is currently maintaining his/her status. When you family left the country, they are no longer in H4 status and so the extension is not possible.

    If they return back before October, you can apply for their extension immediately based on your approved H1B extension or based on your pending H1B receipt notice.

    If they return back after October, then they will have to wait for your extension to go through, get the visa stamped using your extended petition (in case their existing visa expires by that time) and return back. At the POE, they will get a new I-94 until your renewed petition expiry date.
    Not a legal advice. Use of this information is strictly at your own risk.


    • #3
      Once your extension is approved, your dependents can simply use their valid H4 visas (obtain if expired) and your new approval notice to enter the US.
      This is my opinion and not legal advice.