Query on H4 Extension

[sandy123]

Hi,
My husband applied for his H1 extension on Apr 16, 2009 and got approval last week on Apr 23, 2009.He couldn't apply for H4 extension since i was out of country while he was applying for H1 extension.
I came to US last week(Apr 22, 2009) and we are waiting for his I797 hard copy so that i can apply for my H4 extension.My current H4 I94 is expiring on May 11, 2009, ie in 11days.


1.Is there any timelimit that we should apply for H4 extension before current H4 expires or can we apply any time before current H4 expires?
2.How long can i stay in US with pending H4 extension application?
3.Can i go to canada/mexico before my current H4 expires and get my new H4 stamped by showing my husband's H1 approval?
4.If i go to my home country while H4 extension is pending, can i get H4 stamping over there and return to US?

Can any one please answer my queries? Any answers/suggesstions will be helpful for me.

Thanks.

[txh1b]

1. Must reach USCIS before the current H4 I-94 expires.
2. As long as it was applied before I-94 expires, you can remain on a pending petition.
3. Yes
4. Yes. But do not do that.

[sandy123]

Thanks for you reply.

can you please tell my why do you suggest not to go home country while H4 extension is pending.

I have to go for that option if my h4 extension takes more time like more than 2months. Because i want to do COSh4 to h1.Since my current h4 is expiring and COSh4 to h1 may probably take more time i didn't apply for COS now. So i am waiting for my H4 ext and then planning for COS h4 to h1.

Thanks.

[txh1b]

If you leave and the extension filed gets denied, the gap period will be considered out of status.

[sandy123]

while my H4 extension is pending if i go to home country and get H4 stamping done successfully, even then will the gap be considered out of status?

And one more question.
We are planning to apply for H4 extension ourselves by filling I539 form online.
Is it ok if we do so? or do we need to go through by Husband's employer only?

Thanks a lot for answering my questions patiently.

[txh1b]

A gap in status is a gap. It doesn't matter what status you come back in. Few such gaps are excusable under 245(k) rule.

If you are not comfortable, go with the lawyer/employer. It is simple enough to DIY.