H1 extension and H4 extension filed together.... Please help

[santhosh5983]

Hi,

My employer has filed my H1 extension and amendment (I129) and H4 extension (I539) applications together. The answer to one of the question in I129 form "Are applications by dependants being filed with this petition" is marked as "YES".

Now, I have received the acknowledgement/receipt number (WAC#) from USCIS. When I check the case status in USCIS website by providing this WAC# I get info which just talks about I129 form saying 'we have received your I129 form on so n so date...etc', it does not say anything about I539/dependant application.

Is that the receipt number which I have received apply to both H1 and H4 extension applied? or should I receive another separate receipt number for H4 extension application ? Both our H1 and H4 visa is about to expire on 20 April 2011. Please advice ..............

[shervin143]

USCIS will send separate receipt notice for H1 and for each H4 extension filed.

[santhosh5983]

Thanks a lot shervin. Now should try getting receipt number for H4 ext application.

[shervin143]

USCIS will send the H4 receipt notices via post to the addresses that you have provided in I-539 application.

Thanks a lot shervin. Now should try getting receipt number for H4 ext application.

[santhosh5983]

As both our H1 and H4 ext applications are filed together, does it imply that we should receive the receipt numbers for both the applications at the same time ?

If yes, then as I have received 1 receipt number, I can ask my employer to provide another number.

[shervin143]

As both our H1 and H4 ext applications are filed together, does it imply that we should receive the receipt numbers for both the applications at the same time ?
>>> No. There can be few days difference in receiving the receipt notices. Usually the receipt notices can be expected within 10-20 days.

If yes, then as I have received 1 receipt number, I can ask my employer to provide another number.
>>> Your employer has nothing to do with the H4 receipt notices. You should be receiving the H4 receipt notices directly at your home address if that is what is mentioned in the I-539 application.

[santhosh5983]

Just 1 more question...........As our current H4 visa is about to expire on 20 April 2011 and suppose if we don't receive the receipt number for H4 extension by 20 April 2011, can my dependant continue to stay here in USA even after 20 April 2011 ? If not please let us know, what action needs to be taken in this case.

Thanks.....

[shervin143]

Yes. As long as the extension is filed prior to the I-94 expiry date (The application shuld reach USCIS before the I-94 expiry date), yu can continue to stay until a decision is made. However, if the extension is denied, then the time spend in U.S after the I-94 expiry date will be considered illegal.

Just 1 more question...........As our current H4 visa is about to expire on 20 April 2011 and suppose if we don't receive the receipt number for H4 extension by 20 April 2011, can my dependant continue to stay here in USA even after 20 April 2011 ? If not please let us know, what action needs to be taken in this case.

Thanks.....

[santhosh5983]

As per your information, now say suppose if we continue to stay here as we have already filed for H1 and H4 extension (Awaiting receipt no. for H4 ext application) and as the time needed for making decision will surely be after our I-94 expiry date.....if any of our application is denied then our stay from the I-94 expiry date will be considered as illegal.

Then on what basis should we take the decision on staying here or moving out of USA ? If our stay is considered as illegal by chance when our extension is denied, what are the steps to be taken further ?

[shervin143]

Well, that is why USCIS have given ample time to file the extension. One can file the extension 6 months prior to the I-94 expiry date. This is the problem if you file at the very last minute. If you believe that you haven't submitted enough documents to get the extension and if you don't want to take a chance, then you can leave the country and return back after the H1B extension is approved. There is nothing much you could do if you have already accumulated illegal stay. You just need to leave the country and return back on valid H1B and H4 visas. You might be questioned about your illegal stay by the visa officer, so you need to be prepared.

As per your information, now say suppose if we continue to stay here as we have already filed for H1 and H4 extension (Awaiting receipt no. for H4 ext application) and as the time needed for making decision will surely be after our I-94 expiry date.....if any of our application is denied then our stay from the I-94 expiry date will be considered as illegal.

Then on what basis should we take the decision on staying here or moving out of USA ? If our stay is considered as illegal by chance when our extension is denied, what are the steps to be taken further ?

[santhosh5983]

Thanks Shervin....

[jenish007]

Hi Santhosh,

I am currently in the same situation as you were. Employer filed my H1 and dependents' H4 extension together. My H1 got approved but havent got my H4 receipt number yet.

Can you please tell me how much time it took for you to get H4 receipt number after you got H1 receipt number?

Thanks,
Jenish