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  • H4 status urgent

    My dependants I-94 got expired on 25th Sept but company has applied for the extension before that and asked to wait for 1 month to get the status now they say the form has returned due to missing signature and now asking to apply it myself.
    So my question what best now can be done ?
    How should I apply it now ? online or using Fedex.
    what are the documentation required apart from I-539 form
    Do we need to provide a good reason also explaining why there has been a delay?
    Someone who has any idea in this , please suggest.
    Thanks

  • #2
    Since your dependents I-94 has already expired, an extension of status is not possible now. Even if you file the extension, it can very well get denied. The best option for them is to leave the country and return back in their dependent visas.

    Any time spend in U.S without a valid I-94 is considered as illegal stay. If they accumulate more illegal stay, then more trouble that they will have to face later. If you still want to file form I-539, then look into the instruction to file form I-539 in uscis.gov website.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      I will advise them to consult a good experienced immigration attorney of their own. It may be possible to file a backdates extension request and an attorney can best advise.
      This is my opinion and not legal advice.

      Comment


      • #4
        Certainly I will be filing the backdated application with the reason of delay after consulting with the attorney without causing further delay.

        Now some question appears in mind like
        1. if we travel to India go for extension ,Will VO again put these questions about staying beyond I-94 expiry? If yes what is the best course of action there?
        and if I come with new I-94 again what will happen to the my I539 application, will it get rejected automatically or I will have to withdraw it?
        2. If Also after applying the I-539 application there is a change in primary application employer and get a new Approval Notice , do I-539 again have to be withdrawn or new I-797 have to be send to the service center.
        Please advice .

        Comment


        • #5
          If your dependents are planning to leave the country when the extension is in progress, then don't file it at all. If you leave the country when a petition is pending with USCIS, then the extension of status will get denied. Form I-539 can be filed based on your pending I-129 petition filed by your employer with USCIS. As mentioned in my previous reply, did you read the instruction in form I-539?


          Originally posted by ussinghhi View Post
          Certainly I will be filing the backdated application with the reason of delay after consulting with the attorney without causing further delay.

          Now some question appears in mind like
          1. if we travel to India go for extension ,Will VO again put these questions about staying beyond I-94 expiry? If yes what is the best course of action there?
          and if I come with new I-94 again what will happen to the my I539 application, will it get rejected automatically or I will have to withdraw it?
          2. If Also after applying the I-539 application there is a change in primary application employer and get a new Approval Notice , do I-539 again have to be withdrawn or new I-797 have to be send to the service center.
          Please advice .
          Not a legal advice. Use of this information is strictly at your own risk.

          Comment


          • #6
            Thanks for your reply and suggestions
            As a first step I have applied the I539 with valid reason for extension based on vaild I797 .
            Will wait and watch the situation for some time.
            Now my the main question I have which i think i was not able to explain properly in my last query
            this i 539 is applied based on a employer A 's valid I-797
            at the same time 2nd company B is ready to process my H1 transfer and with a good and stable offer,
            so my question is while I have applied I-539 based on I797 of company A in the mean time there is another Approval notice I get from company B will this impact my dependants I-539 processing?
            and when I go back to India for stamping , I think I can use any I797 to return by rule but have to take the appointment of the company of my choice.
            Please any one who has been in this kind of experience or has faced such situation , suggest.

            Comment

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