H-4 visa (H-1B/H4 extension got Denied) - H-4 status confusion - Please help

bsumanrao

New Member
Couple weeks back I came to know my change of employer H-1 B got rejected. I have already utilized my grace period. I have pending I-485 so I'm good. At the moment i have applied for another H-1B which is in consular processing. The situation with my wife (H-4), she is not in green card process yet, as I got married after I applied for I-485, since then the dates never became current, and I was unable to add her to the green card process. We had year old baby (U.S. Citizen). Her Current I-94 is valid until 02/2019. Can you please tell me if she is currently "Out of Status" by any chance? or can she continue to stay here and wait until her I-94 expiry?

Any help is really appreciated, Thank you so much!!

Thanks,
Sam
 

nelsona

Registered Users (C)
She is out-of-status. However (for now) she is not accumulating days of illegal presence, since her I-94 is not expired, so she can stay until 2/19 without consequence . If/when you get new h1-B, I believe she will need to leave US to get a new H4, since she would not be able to file I-539.
 
Top