| Q. |
H4 Extension Query
Hi Lawyers,
I joined another company B in Oct 2007, got my H1B transferred with company B and its approved & valid till Sep,2010. I applied for my Wife H4 extension in March 2008 at Vermount Center and the case is still pending. She also got her receipt notice from USCIS. Its been almost 5 months by now that case is still pending as Vermount processing time for I-539 is still Oct,2007. But her I-94 & H4 visa stamp is getting expired on 30th Sept.2008. Will she be out of status after 30th Sep,2008 even if the case is still pending and can she still stay legally in US for how long ? Also what are her best options to be safer ?
Please advise me.
User's Location:
Westborough, Massachusetts, United States of America
Category:
Other
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| A. |
Thank you for your question.
Your wife is in valid status for as long as the H-4 extension petition is pending, regardless of the expiration date of the I-94. The H-4 visa stamp is for entry purposes only, it does not determine the date on which your wife's status expires. As you already did check, Vermont processes I-539 filed in October 8, 2007, so it would probably be another few months before you receive a response.
If her H-4 extension petition is denied, however, she would be out of status and would have to seek alternatives. Generally H-4 petitions are fairly straightforward and barring disqualifying events (such as engaging in activities that would void your or her status) she should be able to receive approval.
Please do not hesitate to follow-up if you have any additional questions or comments.
Best regards. |
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Dimitar Michailov
Immigration Lawyer
Capitol Immigration Law Group LLC
(888) 878-4721
www.cilawgroup.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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