H1B extension approved, H4 extension still pending

[krish85]

hi Experts

My H1B and my wife's H4 extensions were filed together in Dec, later my employer converted my H1B in premium early March and got it approved mid March. But we have not heard anything on h4 extension yet. How much time it might take ?

Also with H4 extension pending, can we travel to India and get H4 stamped from there ? If yes, will there be any implications if we apply for H4 EAD once we are back.

could you please provide your thoughts.


thanks
Krish

[h1b2016]

I am also in same situation

Hi Krish,

Did you get any answer to your query from any other forum. Please update.

I sincerely request all the senior members to help me as I am also in similar problem.

- i94 expired in Oct 2016 for H1 and H4
- Filed for H1+H4 extension in Oct 2016
- Upgraded H1 in March 2017 which got approved
- Its been a month now but I539 is still in received status for H4 dependents
- Planning to travel to India with family and user dropbox to get visa stamped

If my family travels out of US before decision for their i539, will their stay from Oct 2016 to May 2017 be considered illegal. If yes, what options do I have to expedite their I539 before we travel to India in May.

Thanks a ton in advance.

[Vips1982]

Hi Krish,

Did you get any answer to your query from any other forum. Please update.

I sincerely request all the senior members to help me as I am also in similar problem.

- i94 expired in Oct 2016 for H1 and H4
- Filed for H1+H4 extension in Oct 2016
- Upgraded H1 in March 2017 which got approved
- Its been a month now but I539 is still in received status for H4 dependents
- Planning to travel to India with family and user dropbox to get visa stamped

If my family travels out of US before decision for their i539, will their stay from Oct 2016 to May 2017 be considered illegal. If yes, what options do I have to expedite their I539 before we travel to India in May.

Thanks a ton in advance.

I am in exact similar situation. What I heard from my employer attorney is that H4 dependents can go to India and get stamping based on H1B approval notice. (which they will carry as copy - not original). I am not sure now if this is going to be accepted with dropbox or not.

[raghvi]

I am in exact similar situation. What I heard from my employer attorney is that H4 dependents can go to India and get stamping based on H1B approval notice. (which they will carry as copy - not original). I am not sure now if this is going to be accepted with dropbox or not.

Drop box is as per the visa expiry, so if the current visa in the passport(H4 in this case) has expired within last 12 Months of the date of interview/dropbox/DS-160 submission, then H4 would be eligible for dropbox.

This is my opinion not legal advice.

[h1b2016]

Confusion is with DS-160

Thank you raghvi and Vips1982 for your insights.

So it seems they can indeed travel with me and get the visa stamped.

But assuming that their extension of stay request i539 gets rejected as soon as they leave US will the stay after i94 expiry i.e Oct-2016 to May-2017 be considered illegal.

I will have to answer this specific question about illegal stay history in DS160 and I dont want to provide wrong information there.

Once again, thank you for your valuable inputs earlier.

Cheers!!

[raghvi]

Thank you raghvi and Vips1982 for your insights.

So it seems they can indeed travel with me and get the visa stamped.

But assuming that their extension of stay request i539 gets rejected as soon as they leave US will the stay after i94 expiry i.e Oct-2016 to May-2017 be considered illegal.

I will have to answer this specific question about illegal stay history in DS160 and I dont want to provide wrong information there.

Once again, thank you for your valuable inputs earlier.

Cheers!!

Not truly illegal but yes, you would have to declare as out of status period in DS-160 and give reason as awaiting outcome of I539. If asked during the interview, show the I539 receipt.

This is my opinion not legal advice.

[h1b2016]

Looks like I will have take this chance

Not truly illegal but yes, you would have to declare as out of status period in DS-160 and give reason as awaiting outcome of I539. If asked during the interview, show the I539 receipt.

This is my opinion not legal advice.

I am eligible for dropbox which makes it little harder to explain this situation. I will discuss with my employer attorney on how to handle this situation.

Thanks you very much for your guidance.

Cheers!!

[raghvi]

I am eligible for dropbox which makes it little harder to explain this situation. I will discuss with my employer attorney on how to handle this situation.

Thanks you very much for your guidance.

Cheers!!

If you are eligible for the dropbox, and if the consular officer asks for an interview for this reason they will call you for it.

This is my opinion not legal advice.

[tsjaseen]

hi Experts

My H1B and my wife's H4 extensions were filed together in Dec, later my employer converted my H1B in premium early March and got it approved mid March. But we have not heard anything on h4 extension yet. How much time it might take ?

Also with H4 extension pending, can we travel to India and get H4 stamped from there ? If yes, will there be any implications if we apply for H4 EAD once we are back.

could you please provide your thoughts.


thanks
Krish

Hi Krish,
Were you able to get your wife's visa stamped when H4 extension was pending? I am in the same situation now.
My H1b extension is approved but still no response on my dependents case (I539).

Regards,
Jaseen