H1&H4 Extension Applied Together - H1 approved & H4 still pending

[vittuk]

Hello Everyone,

We applied H1 & H4 extensions on Mar 31 2010 in regular processing. my H1 got approved on June 16th and my wife's H4 extension is pending and still says 'Initial Review'. Her I-94 expied on April 5th 2010 and its close to 4.5 months since the expiry. My queries are,

1. Can we do something to expedite the H4 extension process like premium processing or raising a request with USCIS?
2. Can my wife travel to India while her I-539 is pending and get H4 stamped?
3. What would happen to I-539 application if she decides to travel to India?

I would really appreciate your inputs to above queries. Thanks in advance.

[shervin143]

1. Can we do something to expedite the H4 extension process like premium processing or raising a request with USCIS?
>>> There is no premium for H4. You can take an infopass appointment with USCIS to discuss the case since it is more than 90 days now.

2. Can my wife travel to India while her I-539 is pending and get H4 stamped?
>>> She can do that. However, if the extension is approved when she is in india or when she returns back, then she will have two I-94 which is complicate things. The last received I-94 will take effect.

3. What would happen to I-539 application if she decides to travel to India?
>>> Actually the extension should get denied when the applicant leaves the country. But sometimes, it gets approved which will complicate things.

[vittuk]

H4 Issue - Another query!

Thanks a lot Shervin143 for resolving my queries.

There is another issue and I'll go through that issue in detail.

I have changed from comp A to comp B last year. comp A's I-94/visa end date was 09/31/2009. Me and my Wife applied for H1 & H4 transfer on 07/30/2009 and they were approved in 12/20/2009. On our new approvals, the start date was 11/10/2009 (instead of 10/1/2009) and end date was 04/05/2010 (I-94 expiry). The next extension was applied again on 03/31/2010 for which H1 was approved and H4 is still pending.

My queries are -

1. It was mistake on their part that they gave start date as 11/10/09 instead of 10/01/09 for H1 transfer. Will the period from 10/01/2009 - 11/09/2009 (40 days) considered as out of status?
2. Will the 40 days have to be added to current H4 extension pending period of 4.5 months to the 180 day rule (leave before 180 days to avoid 3 yr ban)?

Thanks in advance.

[shervin143]

1. It was mistake on their part that they gave start date as 11/10/09 instead of 10/01/09 for H1 transfer. Will the period from 10/01/2009 - 11/09/2009 (40 days) considered as out of status?
>>> Maybe the Company B requested a start date of 11/10 instead of 10/01. Technically you are are not out of status, but accumulated illegal presence for those 40 days.

2. Will the 40 days have to be added to current H4 extension pending period of 4.5 months to the 180 day rule (leave before 180 days to avoid 3 yr ban)?
>>> No. However, do not count on this 180 days rule. Any time spent after the I-94 expiry date will be considered illegal if your extensions are denied and it will have serious consequences later when you go for visa stamping or on your future petitions.

Take a look at this similar post

http://www.immihelp.com/forum/showthread.php?t=79633