H4 application pending for an Year!!

[febycp]

Hello,

I applied for my H1b Extension in 2016 Feb,along with h4 Extension for my Spouse and Kids.On August 2016 I upgraded my application to Premium and got my sapproval.However the H4 Application were not approved and it is still showing as Case receved.The I94 was expired on Jun 2016 for My Dependents.We called USCIS many times ,but everytime we get standard response that the case is under consideration and they cant provide a timeline.
We need to travel to India this year(2017) July/Aug Time frame.By that time I have to extend my Visa again as it Expires by Aug 2017.

In this case what is the option for us to travel to India?If I get my My Visa extended again before travel,Can we(Me and Dependants) go for Stamping in India using the new I797 Approval?In that case,is it a problem that their H4 was not approved and their I94 was expired on Jun 2016?
Please advise regardin this will be greatly appreciated.

Thanks in Advance.
Feby

[newacct]

Hello,

I applied for my H1b Extension in 2016 Feb,along with h4 Extension for my Spouse and Kids.On August 2016 I upgraded my application to Premium and got my sapproval.However the H4 Application were not approved and it is still showing as Case receved.The I94 was expired on Jun 2016 for My Dependents.We called USCIS many times ,but everytime we get standard response that the case is under consideration and they cant provide a timeline.
We need to travel to India this year(2017) July/Aug Time frame.By that time I have to extend my Visa again as it Expires by Aug 2017.

In this case what is the option for us to travel to India?If I get my My Visa extended again before travel,Can we(Me and Dependants) go for Stamping in India using the new I797 Approval?

yes

In that case,is it a problem that their H4 was not approved and their I94 was expired on Jun 2016?

no

[febycp]

yes


no

Thanks a lot for your answewrs.

One more query,Is there any issue in my dependents staying in US after 240 days of their i 94 Expiry date?The extension request was filed 6 months Prior to I94 expry but is is still in Case received status after one year,and there is no Premium processing available for H4 application.

[newacct]

No. They can stay indefinitely as long as their application is pending. You might be thinking of the 240 day extension of employment authorization for H1b.

[febycp]

No. They can stay indefinitely as long as their application is pending. You might be thinking of the 240 day extension of employment authorization for H1b.

Thank you.That is a great relief!!