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  • Extension of H4

    Hi:

    My spouse is in H1B. He got his renewal through premium processing. I applied for H4 on May 2022. As there is no premium processing, I am waiting for my H4 extension. It's California Service Center. USCIS website shows it takes 8 to 9.5 months to process H4 extension. My lawyer is saying it shouldn't take that long. He says one could get in less than 6 months.

    My questions:

    1) How long it takes to get H4 extension?

    2) I am going to India in September 2022. If I didn't get my H4 extension by that time (my H4 expires on Aug 2022), my friend is saying that I could use my spouse's H1B and show the officers my H4 applied paper work and still come into US. My friend is not sure, though. Is that possible?

    Thank you everyone for your time. Please forgive me if this is a basic question. I googled it, but not getting the proper answer.




  • #2
    2. Your Extension of Stay application will be abandoned when you leave while it is pending, as it doesn't matter anymore. (Status ends when you leave the US. This is true even if you extended it.) When you re-enter, you will need to enter on the basis of an unexpired H4 visa. If you show your spouse's new H1b petition approval, you should be admitted until the expiration date of that H1b petition. What status you had on your previous stay, and whether you applied to extend it, don't matter at that point (except to show that you didn't accrue unlawful presence).

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      1. You can expect the entire process to take anywhere from 2 months to 12 months.

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