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H4 visa extension, impending india trip
My wife's H4 visa extension was applied in Dec 2014 at the Vermont Center. Today, I see the online status as REQUEST FOR EVIDENCE, I haven't received the reason for RFE yet. My H1B visa is valid till Sept 2016. My family is planning a trip to India in two weeks. They would have to get a H4 visa stamped to come back to USA. Is it advisable to travel to India even if we don't receive the H4 visa extension? Can she get H4 stamped with my approved I797? Has someone come across a similar situation? Also, I would be travelling later this year and we can go for the visa interview at the same time, any input, guidance is highly appreciated.
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A person cannot stay on RFE for more than 180 days I think(experts please correct if wrong). If 180 days have passed after the last H4 got expired, then the person is out of status. -
Yes, your family should be able to travel to India and get the H4 stamped based on your approved I-797. You don't have to wait for a pending extension of the H4 status. They will simply consider it abandoned when your family leaves the US. The two are not related.Originally posted by Himansl View Post
However, you state that she applied for an H4 extension in December, 2014. That seems like an awfully long time ago and the dates don't make sense. When does her current H4 expire? When did they request for further evidence, as per the USCIS site? So long as her i94 is valid and she is maintaining status, I would assume that everything is OK but your circumstances would have to be known before making any assumptions.Comment
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Yes, we applied for her H4 extension in Dec 2014. The stamped H1 expired on April 1st 2015. The RFE was shown on USCIS website on Sept 11, 2015. I assume as the extension request was made we could stay here for another 6 months i.e. October 1, 2015.Originally posted by ker2usa View PostComment
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When did your wife's H4 I-94 expire. If your wife leaves the country now, then H4 extension will be denied and all the time that she has spent in U.S post her I-94 expiry date will be treated as illegal stay. It will be totally up to the VO to decide whether to issue the H4 visa or not in cases like these. See what the RFE is for and try to respond back to the RFE.
Originally posted by Himansl View PostNot a legal advice. Use of this information is strictly at your own risk.Comment
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1. Your stamped H1 expired on April 1st, 2015 but did you get an extension on the H1? Do you have a valid i-797 that makes your stay legal?Originally posted by Himansl View Post
2. When does your wife's H4 expire? Did it expire on April 1st, 2015?
Please provide dates of expiry and status information, if possible. As another commenter correctly pointed out, the best thing to do right now is to respond properly to the RFE. If your application is approved, you may not have any issues but if it is denied, then the days beyond the i94 expiry may be considered out of status.Comment
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Originally posted by ker2usa View Post
1) My stamped H1 visa expired on April 1st 2015. I got an extension (valid I797) till Sept 2016.
2) My wife's H4 expired on April 1st 2015. We applied for her extension on December 2014 and got an reply on Sept 11 2015 which was RFE. We haven't received the documents yet from USCIS for what more documents are needed.
I would also like to know that does a timely filed extension (I539) grant you an automatic stay of 240 days or 180 days? I am getting different views on it. ASAP.Comment
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I'm unable to provide a link here directly but if you search on Google for "change of status for non-immigrant visa", among the first few links is a USCIS pdf that explains clearly what happens when your i94 expires before they make a decision on the change of status or extension request. From what I've read, they will allow you to stay past the expiry but if the application is denied, then the days past the expiry until denial is considered out of status.Originally posted by Himansl View PostComment
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