H4 visa Extension question

Hello,

 

I applied for my H1 extension till Sept 2012. I did not apply for my wife's H4 visa extension. I actually changed jobs.

 

My wife had her H4 visa till Sept 2010. She went to India in July and got her I-94 stamped till Sept 2011. I think this date corresponds to my I 797. Even though I have about 8 months for her H4, I was wondering should I file for her H4 extension or is it not needed since she has the I-94 till Sept 2011?

I appreciate your response.

Thank you,

Ramesh

Forums: 

Hi, My wife would be applying

Hi,

My wife would be applying for her H1B Visa extension and I wouldbe on H4 visa.

My questions is : if she gets her h1b approval notice in some period before my h4 or I-94 expires, can we file for my H4 extention stay?

What would be my legal status then?

For how long I can stay in US with the filing of h4 extention? 

Hello Anonymous, You should

Hello Anonymous,

You should have filed for your H4 extension along with your spouse's H1B extension. What's the expiration date on your form I -94?

Please register on the website to get timely notifications for replies to your post.

Also write a name here. It's easier to communicate..:))

Thanks!

Administrator

[quote=Anonymous]Hi,

My wife would be applying for her H1B Visa extension and I wouldbe on H4 visa.

My questions is : if she gets her h1b approval notice in some period before my h4 or I-94 expires, can we file for my H4 extention stay?

What would be my legal status then?

For how long I can stay in US with the filing of h4 extention? [/quote]

Hi, Thanks for your effort in

Hi,

Thanks for your effort in maintaining this site up to date, this is very helpful.

I have a question, my wife currently received her H4 visa based on my petition which is ending in Sept 2011, she got the visa till Sept 2011. I do have a future I-129 Petition approved till Sept 2014, she showed it t the consulate, but they only stamped the visa till Sept 2011. She will be flyin on Aug 8th 2011 to USA. I wanted to know,

  • Can I apply for her H4 extension immediately or do I have to wait for her to be here?
  • Can we have H4 premium processing done on the case?
  • Does she need to go back to India for stamping?
  • What happens if we applied for the extension but we didn't receive the approval notice by Sept 14th 2011 which is her Visa expiry date, does she go out of status or does she need to travel back to India?

All your help is appreciated.

Thanks,

Chirag

Hello Chirag, Thank you for

Hello Chirag,

Thank you for the kind remarks. We are not lawyers and this is just a small effort to help..:))

I think you should ask your company's lawyer to file for her H4 extension immediately. If a copy of her Arrival-Departure Record (I-94) is needed then wait for 4 more days. 

Here is a relevant quote from USCIS on rules related to expiration of any non immigrant visa:

"Your lawful nonimmigrant status ends, and you are out of status, when your Form I-94 expires, even if you have timely applied to extend the period of your nonimmigrant status. DHS may bring a removal proceeding against you, even if you have an extension application pending."

In addition this should be helpful as well :

"Although you are out of status, you are permitted to continue your previously authorized employment for a maximum period of 240 days while your extension application is pending if USCIS receives your application before your Form I-94 expires, and you have not violated the terms of your nonimmigrant status. You must stop working, immediately, when the first of the following events occurs:

  • 240 days elapses from the date your nonimmigrant status expires; or
  • USCIS has made a final decision denying your extension

application.
If your application is approved, the approval will relate back to the date your Form I-94 expired, and your status during the pendency of your application will then be considered to have been lawful.
If your application is denied, you must cease employment immediately and you must depart the United States immediately."
 
Chirag, quickly talk to your lawyer about this and file her extension fast. Please do post what you plan to do. This will really help others as well!
 
Best,
Admin
IANAL
 

[quote=chirag8325]Hi,

Thanks for your effort in maintaining this site up to date, this is very helpful.

I have a question, my wife currently received her H4 visa based on my petition which is ending in Sept 2011, she got the visa till Sept 2011. I do have a future I-129 Petition approved till Sept 2014, she showed it t the consulate, but they only stamped the visa till Sept 2011. She will be flyin on Aug 8th 2011 to USA. I wanted to know,

  • Can I apply for her H4 extension immediately or do I have to wait for her to be here?
  • Can we have H4 premium processing done on the case?
  • Does she need to go back to India for stamping?
  • What happens if we applied for the extension but we didn't receive the approval notice by Sept 14th 2011 which is her Visa expiry date, does she go out of status or does she need to travel back to India?

All your help is appreciated.

Thanks,

Chirag[/quote]

HI...My husband is on H1B

HI...My husband is on H1B visa on client location in the US since 8th Aug. We both applied and recieved ,our respective visas(H1B for him and H4 for me) when he was in India. Our visas are due to expire on the 21st of October. My husband would be applying for his extension there. However, i have not travelled on my current H4 visa even once, and am not planning to travel immediately as i am employed in India. As soon as he gets his visa extended, i would apply for my visa renewal here,As i might travel later.In my case, would the visa be extended or a fresh one  issued. Also, is it a problem if i have not utilised my previous H4  and am applying again?

Under normal circumstances,

Under normal circumstances, it is always better to apply for H1 and H4 extension together. 

The USCIS/INS policy memos do not allow a person to do the e-filing (filling Form I -539) if the person is not living in the United States. You may choose to visit U.S. soon and file for an extension together. 

If your H4 expires on October 21, you will have to apply again. Ask your husband to consult with his company lawyer on this.

I am afraid your case is a little unusual. I hope you can update us on the choice you make. This will definitely help others who have a similar problem.

 

Thanks,

Admin

[quote=Anonymous]HI...My husband is on H1B visa on client location in the US since 8th Aug. We both applied and recieved ,our respective visas(H1B for him and H4 for me) when he was in India. Our visas are due to expire on the 21st of October. My husband would be applying for his extension there. However, i have not travelled on my current H4 visa even once, and am not planning to travel immediately as i am employed in India. As soon as he gets his visa extended, i would apply for my visa renewal here,As i might travel later.In my case, would the visa be extended or a fresh one  issued. Also, is it a problem if i have not utilised my previous H4  and am applying again?[/quote]

Hi 

Hi 

This Forum I must say is GREAT!!! I always appreciate the efforts of the poeple wo estabilish such sites to help people like us who are clueless and really need help. I have not met my parents for the last 4 years:(  initially because of my husband'd job type and secondly coz I got pregnant and then my baby was too little to travel. Now that it's time I am confused because of the following doubts. and hoping to get help here.

 

My husband is on H1 VISA currently and am on H4.

  1. Can I travel with my daughter who is a US citizen to Pakistan and get my H4 stamped there though my husband's VISA stamping can not be done because he is not traveling with me?
  2. Secondly my husband's H1 expirition is due in May 2012 and mine is in September 2012 so does that matter in any case?
  3. My biggest concern is that sometimes the embassy takes longer than expected time in returning the passport after stamping and if that happens and meanwhile my H4 expires, then can my VISA be extended here by my husband's lawyer even though I am not present in US at that time?
  4. Do I need to take a letter from my husband's employer stating that he is working with this company for the H4 interview purposes?
  5. Do I have to take a copy of my husband's H1 documents?

Hope to hear soon from you guys:)

Best regards.

Hello Fatima,

Hello Fatima,

Thank you for the kind words of encouragement! Mean a lot to our small effort here.

I am not a lawyer but I will try to answer your questions based on what I know about the usual practices related to H4 visa processing.

  1. Yes you can. It should not be an issue. Carry all supporting paperwork as you did while going for your first H4 visa interview. I assume this is just for stamping right?
  2. It should not be an issue.
  3. Well, in that case plan your trip in such a way that you can cover for any contingencies. Go early. Get a flexible ticket so that you may change your date of travel.
  4. It is always a good idea to apply for extension in advance. Ask your husband to talk to his company lawyer about this. If his H1 expires in May 2012 I think he should file for an extension soon. If his H1 gets extended automatically your H4 visa will also get extended..:-) There is one glitch though : The USCIS/INS policy memos do not allow a person to do the e-filing (filling Form I -539) if the person is not living in the United States. This means you have to be in the U.S. to file for an extension together.
  5. Yes it is better to carry a letter of employment and yes, take all your husband's documents. Better to be safe than sorry!

Let us know if you need any more help. Please come back and tell us about your H4 visa interview.

Safe travels!

-Admin

IANAL

Any Experiences on going for

Any Experiences on going for H4 stamping for new born kid while Primary H1 is valid only for 10 days and waiting for his extention applied in premium..need to add kid to 485 ASAP which is why we are kind of rush as we can get approval any time while will delay kid's entry more delay than H4.

pls ad vice.we are planning to go in hyderabad for h4.Any latest expreriences.recent days ,i heard that h4 also getting rejections.

HI,

HI,

I am on H4 and my visa is upto sept.13, i want to know can i extend my H4 or my husband . if yes then how many days/ months we can stay there or do we both have to visit india for extension ?

thank you

sheena

Hi Sheena,

Hi Sheena,

You can file for an extension up to 6 months before your I-94 expires.

Here is a relevant USCIS quote for you. Hope this helps you understand the process.

 

Although you are out of status, you may be permitted, depending 
on your classification, to continue your previously authorized 3
C1—I Am a Nonimmigrant…How Do I…Extend My Nonimmigrant Stay in the United States?
M-579 (August 2011) N
employment for a maximum period of 240 days while your extension 
application is pending if USCIS receives your application before 
your Form I-94 expires, and you have not violated the terms of 
your nonimmigrant status. You may be required to stop working,
immediately, when the first of the following events occurs:  
• 240 days elapses from the date your I-94 expires; or
• USCIS has made a final decision denying your extension
application.  
If your application is approved, the approval will relate back to the 
date your Form I-94 expired, and your status during the pendency of 
your application will then be considered to have been lawful.  

 
Kind regards,
Admin

Hi,  This forum looks very

Hi,  This forum looks very helpful. I have a very typical situation. My husband is in H1. His renewal was due in Sept 2011, due to some mistakes in filing, his first renewal application was denied. In the mean time our i-94 expired. His company again applied for H1 renewal and this time it was approved. USCIS sent the documents to India and now my husband is in India for his H1 stamping. My h4 was denied as his process was going on. I am out of status now. My question is if my husband's H1 stamping will be done do we(me and my daughter) need to go to India for stamping?

Hello Raima,

Hello Raima,

First work on getting your H4 renewal sorted. Then when you go to India next time you can get your H4 stamped. That said, it is very difficult to give meaningful advice as you have not provided accurate dates. Are you implying that since September you are in the U.S. and are out of status?  For your convenience I am citing a relevant USCIS quote:

USCIS Rules related to expiration of any non immigrant visa:

 
"Your lawful nonimmigrant status ends, and you are out of status, when your Form I-94 expires, even if you have timely applied to extend the period of your nonimmigrant status. DHS may bring a removal proceeding against you, even if you have an extension application pending."
In addition this should be helpful as well :
"Although you are out of status, you are permitted to continue your previously authorized employment for a maximum period of 240 days while your extension application is pending if USCIS receives your application before your Form I-94 expires, and you have not violated the terms of your nonimmigrant status. You must stop working, immediately, when the first of the following events occurs:

  • 240 days elapses from the date your nonimmigrant status expires; or
  • USCIS has made a final decision denying your extension application.

If your application is approved, the approval will relate back to the date your Form I-94 expired, and your status during the pendency of your application will then be considered to have been lawful.
If your application is denied, you must cease employment immediately and you must depart the United States immediately."
 
Please talk to a lawyer and get this sorted ASAP.

Swati also appears to be in the same situation except that her I 94 is still valid : Read Swasti's H4 expiry experience here

If you feel comfortable, please share your findings as well as the future course of action you plan to take.

I wish you all the best!

Thank you,

Admin

IANAL

I am in a big dilemma where

I am in a big dilemma where as when my H1B extension was filed in Sep2011 by our co lawyer he overlooked the filing of my wife/sons H4 and that was filed with a delay of 3month whereby our I-94 expired in Spet2011. My H1B approval was granted but I learnt today that my families H4 was denied. I still havent got the official reason for denial by mail but I am really stressed as we are all in the US and our life will get disrupted as my son's school is on and I dont want them to be gone to India causing delays to our normal day to day life...Please can someone help and give me some advise as to what can be done to avoid the headache to travel back to India. I dont want to risk travelling due to work and also hear that the US Embassy in delaying all H1B extensions etc.

I dont think its the lawyer's

I dont think its the lawyer's fault. Maintaining your visa status is your responsibility and not your lawyers.
As of now, you only have two options. Either your son and wife travel to India lawfully or they face deportation proceedings(which will be real ugly...trust me). Once they travel to India, you will have to apply for their H4 visa and get an approval. I know this sounds ridiculous, but thats the only possible option. You may plead your case with USCIS and they may even consider your case, but chances are remote. But it never hurts to try. If I am not wrong, your wife and son are out of status as of now and they need to depart US immediately.

Hello Manish,

Hello Manish,

 

It must be very frustrating for you but you should take action quickly.

This is a serious situation. Contact a lawyer immediately and plan to send your family to India asap. Being out of status and prolonging their stay may cause more trouble.

-Admin

IANAL

Hello people,

Hello people,

My wife is scheduled for an interview at the mumbai consulate on the 3rd feb. I remember almost everything about  the old consulate but I dont have any clue about the new consulate. Can any shed any light on any procedural chanes for Mumbai Consulate? She is going for her H4 visa.

 

Thanks,

Rajiv Varma. 

My H4 expired in the mid of

Hello,

My H4 expired in the mid of 2011 along with H1. But I am staying in India since 2010. My husband has renewed his H1visa from US without renewing my H4. I was in dark abt the process. Now I am willing to renew or reapply my H4 visa all myself. So kindly guide me that how and from where I can apply my H4 visa.

Thanks in advance.

Hope,

Hope,

You should consult a lawyer on this (your husbands' company lawyer). Perhaps you will have to apply for a fresh H4 visa as it's been 7 months since your previous H4 visa expired and you have not physically been in the U.S. since 2010.

The process is the same. Find a Consulate that covers your residence, prepare documentation for the interview and so on and so forth. Just make sure you find out legally if you have to apply for a new H4 or simply an extension.

Thanks,

Admin

IANAL

Your application is under

Your application is under adjudication. So no point leaving for India. If you are denied and extension then your stay becomes a question of time. Till then, just hope that USCIS approves your petition since you filed it right at the edge of your initial I-94 expiry. 

You cannot renew any official

 

You cannot renew any official documents unless you get your H4 approved. This is because the validity of your documents and status depends on the official period of your stay in US. Atleast thats what happens in AZ. Just curious, how did you almost miss your deadline? Just curious :)

Hello,

Hello,

I had initially posted this question in Introduce Myself. But as I did not get any reposnse I am posting it here noe, thinking maybe it was the wrong post! I am sorry to have posted the same question twice, but I really do need a response as soon as possible.

I have a situation at hand right now and would be very grateful if I
can get some answers soon. I need to travel to India for some
unavoidable personal reasons by March end and I wish to travel back to
the US by May. Now my petition is valid till June 25th. So my question
is hsould I go for visa stamping on my old petition even though there
would be only two months left or should I wait for my husband to get his
new petition.

My husband has started filing his H1 extention and should get it by
June 15th. So if i wait for that I will have to be in India till June,
but I would ideally wantt to travel back by May

I would be very grateful for some advice on this.

Thank you

A real quick answer. Go on

A real quick answer. Go on and have your time in India. When you go for stamping, if they ask you, give them the real reason why you are in India even though your husband has a few months left on his H1-B. They are reasonable enough and you should'nt face any problems. If you do face, then you can have your husband file his H1-B extension earlier. 

My suggestion is, get a visa date asap. If you land in India in March end, get your visa done by April beginning itself. It could help. 

One piece of advice. Please

One piece of advice. Please make sure that your documentation is total. I mean, get as much documentation as possible.

My wife had her visa stamped a week ago and she took the documents as follows:

1) My Job documents (I-797, Offer letter, Latest paystubs (2 months), LCA, I-129, LCA, Office photographs, performance review)

2) Original marriage certificate, my OPT card (I was on F1 before), my marksheets, transcripts and stuff.

In short, dont leave anything behind. 

Hi,

Hi,

I switched job in June 2009. I got new H1 valid till June 2013. Company lawyer said I need not file for my wife's H4 extension that is still valid till March 2012. He said when I make India trip, she will get new I-94 based on my H1B date and will be valid till June 2013. But 3 days back when she arrived back from India, she got I94 only till March 2012 based on her H4 Visa.

Upon following up with the lawyer, he stays by his claim but suggests to file for H4 extension now and wants me to pay total of $790 for this ($500 his fees and $290 for H4 extension). Here are my questions:

1. If I go to nearest USCIS office that is 2 hrs drive from my place, how are my chances of getting updated I-94 till June 2013 based on my H1B?

2. Is there a way to file for H4 extension on my own? What are the risk I am taking while doing so?

3. This lawyer is also the one who is involved in filing my GC with my new company (already filed I-140, and is now going to file for I-485 as my dates are current). Will filing H4 extension on my own hamper GC process?

Your help in this is appreciated.

Hi,

Hi,

 

My H1B Extension was filed in April 2011 with H4. Got RFE for I-94 card in July 2011 and replied with I-94. My I-94 card expired in Sep 2011. I changed my case to premium last week and received approval on H1B extension yesterday but H4 extension is denied. As of now, I don't have any information on why it is denied. I am trying to figure out on the options.I read in this forum that there are 2 options:1. Go to India and get a stamp on visa and come back.2. Try for MTR.What is that 180 days rule for the Ban to reenter US ? Does it start from the date of denial or I-94 expiry date? I appreciate anyone answering the same.

Hi Mehul,

Hi Mehul,

Your best bet is to pursue this with your company lawyer. Find out the reason of denial-perhaps it was overstay on an expired I 94. If your extension was granted your spouse's extension should have been granted as well...:O  Please scroll up and check replies to Chirag's query. I have quoted the USCIS rule there.

When did your spouse's I 94 expire? This is a very confusing scenario and I hope you can sort this out quickly. Please do update us of any progress. That would help others in a similar situation.

Thanks,

Admin

IANAL

Hi,

Hi,

My spouse's I-94 expired on 24 Sep 2011 as she had gone out of country and in return the CBP officer put the date in I-94 card. My I-94 expired on 14 Sep 2011. I will update once we get the notice as I just got an email notification from USCIS on 15th Feb 2012.

Thanks for your reply.

Mehul.

Mehul,

Mehul,

Thanks for the reply. Follow up with your lawyer ASAP on the basis of the email notification. Tell him that your wife's extension was denied and that you need to act quickly.

Good luck!

Admin

I have a qeustion. I and my

I have a qeustion. I and my wife entered US in March 2010 and our I-94 were approved till Sept 2012. I changed employment in July 2011 and got my new I-94 on my I-797 till June 2014. However, the company lawyer forgot to file my wife's H4 transfer then. He then filed the transfer in Oct 2011. Is my wife out of status from the time i changed employment i.e. July 2011 till Oct 2011. Her original I-94 is still valid till Sept 2012.

Thanks

Contact a good lawyer. You

Contact a good lawyer. You cant risk taking adivse on the forum when it comes to status issues. Remember, all of us here are not lawyers. So, please take up this issue with a professional immigration lawyer. 

Now for the help part,

Has USCIS denied your wife's H4 petition? If so, I suggest that she leaves US immediately. The longer she stays on a denied application, the more complicated it will become. (This adivse comes from a friend of mine who was in a similar situation)

Thanks for your advice. They

Thanks for your advice. They havent denied the application, but i got a RFE last week. I havent received the papers from USCIS yet. But was wondering if she is out of status while her I-94 was valid till Sept 2012.

Thanks

Well in that case she is

Well in that case she is still OK I guess. If you answer the RFE and if her petition is denied after that, then I guess her status reverts back to the old I-94 validity period. Its always a good idea to maintain status and leave the country while you are still in status. 

So, answer the RFE and hopefully everything will be ok. Before replying them, please consult a lawyer for possible consequences if the petition is denied. 

[quote=Jigar]Thanks for your

[quote=Jigar]Thanks for your advice. They havent denied the application, but i got a RFE last week. I havent received the papers from USCIS yet. But was wondering if she is out of status while her I-94 was valid till Sept 2012.

Thanks[/quote] Hi, I am also facing the same issue. My husband was in the impression that H4 visa just needs a stamping from INDIA and did not file for my H4 extension on time. We figured about this and filled after 3 months from my I-94 expiry. Now I have got an RFE asking me to submit the extra ordinary circumstances which prevented me to file the extension on time. Can somebody help me with a good excuse for the same . Thank you. All the very best for solving your  issue as well.

Here is something for you

Here is something for you that I found from another forum.

"your wife should file her H-4 extension ASAP, requesting a backdated (nunc pro tunc) approval. I have done a number of similar cases and had them approved, but this is no guarantee that your wife's would be approved. She does need to explain the delay in filing, and be prepared to leave the US if there is no decision on her extension by about mid-July."

Here is the discussion thread. 

http://immigrationvoice.org/forum/forum106-non-immigrant-visa/1302786-urgent-forgot-to-apply-h4-extension-i-94-expired.html

Hi All,

Hi All,

I had a question about H4 Visa. I have my wife with me in US on H4 Visa. We had applied for Visa extensions (H1b for me and H4 for my wife). We received the approvals for the same and the new I94 have been issued by USCIS.

1. Now, for some personal work, my wife needs to travel back to India alone for couple of months. If I am not travelling with her and my new Visa is not yet stamped (though I have the extension approval), can she travel to india ?

2. Also, would she be allowed to come back to US .. meaning can she get her H4 Visa stamped again, without me having the new Visa?

Any help would be highly appreciated in this respect. Thank you.

Pages

Add new comment

Filtered HTML

  • Web page addresses and e-mail addresses turn into links automatically.
  • Allowed HTML tags: <a> <em> <strong> <cite> <blockquote> <code> <ul> <ol> <li> <dl> <dt> <dd>
  • Lines and paragraphs break automatically.

Plain text

  • No HTML tags allowed.
  • Web page addresses and e-mail addresses turn into links automatically.
  • Lines and paragraphs break automatically.