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H4 staying in US after visa stamping expires

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  • H4 staying in US after visa stamping expires

    My H1 B is in raised for extension and I have received the receipt notice as well. My spouse doesn't stay here but he got an H4 and is visiting me. I never receive any document for H4.
    Can my spouse stay after his visa expires on basis of my receipt notice?

  • #2
    Yes
    Opinion only. Cannot be construed as legal advice.

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    • #3
      He can stay for as long as he is admitted for on his I-94 when he enters. The visa expiration date only means he must enter before that date; the visa expiration date has nothing to do with how long he can stay.

      For his I-94, he should be admitted for as long as your approved H1b petition and I-94 lasts. So if he enters after your extension is approved, and he brings a copy of your petition approval, he should be admitted until the expiration of the new (extended) petition. If he enters while your extension is pending and your old petition is not yet expired, he can be admitted until the expiration of the old petition, and he would have to apply for Extension of Stay after entering the US. If he tries to enter while your extension is pending and your old petition has already expired, he would not be able to enter since you are not in H1b status.

      This is my personal opinion and is not to be construed as legal advice.

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      • #4
        My visa is expiring on 22 Sep and my petition is already in process. I have the receipt notice. My Spouse visa is also expiring on 22 Sep, but he is already here in US. Since I dont have any specific documents for H4, I was confused if he can stay after 22 Sep.

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        • #5
          Originally posted by ShibaniMohanty View Post
          My visa is expiring on 22 Sep and my petition is already in process. I have the receipt notice. My Spouse visa is also expiring on 22 Sep, but he is already here in US. Since I dont have any specific documents for H4, I was confused if he can stay after 22 Sep.
          You are still unclear on what is expiring. The visa (on the passport)? Or the status, as given on the I-94? The visa doesn't matter once you are inside the US. It's the status that matters. If his status is expiring, he needs to file I-539 for Extension of Status before his status expires.

          This is my personal opinion and is not to be construed as legal advice.

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