Gurus please help

[kartoos]

Hi
I applied for my 7th year H-1B extension in oct 2003. My H-1 was expiring on Feb 2004. My petiton got approved on November 15th 2003. Then I applied for my wifes I-539 but nebraska center sent it back and finnaly we applied for I-539 on January 26th at Texas center as per instructions from Nebraska center. We got a receipt from Texas dated Jan 27th 2004. Her I-94 also expires on Feb 8th. Her I-539 is still pending. My question is
1 Is she out of status or since her I-539 is pending she is ok?
2 If she has to go to india and her I-539 is not approved what are our options? Is there any way to expediate it since my H-1 is already approved.

Any help appreciated.

Thanks

 

[waitin_toolong]

Hi
I applied for my 7th year H-1B extension in oct 2003. My H-1 was expiring on Feb 2004. My petiton got approved on November 15th 2003. Then I applied for my wifes I-539 but nebraska center sent it back and finnaly we applied for I-539 on January 26th at Texas center as per instructions from Nebraska center. We got a receipt from Texas dated Jan 27th 2004. Her I-94 also expires on Feb 8th. Her I-539 is still pending. My question is
1 Is she out of status or since her I-539 is pending she is ok?

-----She is in status as you applied for her extension before the expiry of I94. so dont worry

2 If she has to go to india and her I-539 is not approved what are our options? Is there any way to expediate it since my H-1 is already approved.

--------If she has to go to India without her I539 approval, her application will be considered abandoned. But in any case she will have to get a new stamp before her return. So she can get that on the basis of ur approval. She will have to take all the appropriate documents as listed on embassy website.


Any help appreciated.

Thanks