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H-4 i-94 expiring
Hi friends,
Need an expert opinion or please share your experiences if you faced any similar situations.
Here is my scenario.
My wife’s i-94 expires on 03-09-2020 due to passport expiry. Got new passport with expiry in 2029.
My son’s i-94 expires on 06-25-2020 due to passport expiry. Got new passport with expiry in 2024.
My H1B visa and i-94 expires on 08-21-2020.
Earliest day (6 months prior to expiry) we can apply for my H1B extension will be on 02-22-2020.
When we apply for my H1b renewal, we file I-539 (to extend my dependent’s status) along with that application.
1. So if we can apply my H1b renewal and my dependents’ I-539 by 02-22-2020, could my wife and son stay here legally as they are waiting for a decision from USCIS? or at least 240 days as per the 240 days rule for H1B?
2. if we apply i539 on 02-22-2020, there will be only 2 weeks left before their i-94 expiry. USCIS suggests to apply at least 45 days before. still I don't see a point because nowadays i-539 extensions are taking way more than 45 days to process. So is it okay to apply i-539 just 2 weeks before expiry?
3. in the worst case, if the if USCIS deny their application while they are in their pending status after 1-94 expiry, they already accrued some unlawful days here? or it only starts from the date of denial?
Notes.
1. I know the best option is to exit US and come back with a new i-94. But I am looking for an easier option.
2. I know I can apply i539 as soon as possible. but anyway, we will be applying it in another 3 months. so thought why to spend extra $$$, if we can try the option I mentioned above.
Your help will be highly appreciated. Thanks a lot in advance guys!!
Need an expert opinion or please share your experiences if you faced any similar situations.
Here is my scenario.
My wife’s i-94 expires on 03-09-2020 due to passport expiry. Got new passport with expiry in 2029.
My son’s i-94 expires on 06-25-2020 due to passport expiry. Got new passport with expiry in 2024.
My H1B visa and i-94 expires on 08-21-2020.
Earliest day (6 months prior to expiry) we can apply for my H1B extension will be on 02-22-2020.
When we apply for my H1b renewal, we file I-539 (to extend my dependent’s status) along with that application.
1. So if we can apply my H1b renewal and my dependents’ I-539 by 02-22-2020, could my wife and son stay here legally as they are waiting for a decision from USCIS? or at least 240 days as per the 240 days rule for H1B?
2. if we apply i539 on 02-22-2020, there will be only 2 weeks left before their i-94 expiry. USCIS suggests to apply at least 45 days before. still I don't see a point because nowadays i-539 extensions are taking way more than 45 days to process. So is it okay to apply i-539 just 2 weeks before expiry?
3. in the worst case, if the if USCIS deny their application while they are in their pending status after 1-94 expiry, they already accrued some unlawful days here? or it only starts from the date of denial?
Notes.
1. I know the best option is to exit US and come back with a new i-94. But I am looking for an easier option.
2. I know I can apply i539 as soon as possible. but anyway, we will be applying it in another 3 months. so thought why to spend extra $$$, if we can try the option I mentioned above.
Your help will be highly appreciated. Thanks a lot in advance guys!!
