*** H4 Approval Notice ***

[sundarrrrr]

Hi

Last August 2003 Me and my spouse applied for extension of our Non-immigration status.
In Feb 2004 my extension got approved untill 08/2006 and I received my I797 by mail.
Even my spouse case has been approved in Feb 2004 but she never received her approval notice my mail. When called National Customer Service Center they asked her to apply I-824 for duplicate approval notice.

Her current status - He does not have valid I-94 and valid approval notice on hand, although the USCIS portal (https://egov.immigration.gov/cris/caseStatusSearch), says her case has been approved.

Recently we applied for I-824. The I-824 processing dates for application and petitions are far behind - Oct 2003.

Q1: Is her status - Legal?

Couple of months back I got my new H1 approved with company B and I have have new I797 untill 06/2007.
Q2: Is she eligible to apply I-539 for extension of stay in current status without a I94.

Q3: Since she applied I-824, will she get her I-94 aswell with a duplicate copy of approval notice?

Any kind of response is highly appreciated.

Thanks
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sundarrrrr

 

[saigc]

Hi

Last August 2003 Me and my spouse applied for extension of our Non-immigration status.
In Feb 2004 my extension got approved untill 08/2006 and I received my I797 by mail.
Even my spouse case has been approved in Feb 2004 but she never received her approval notice my mail. When called National Customer Service Center they asked her to apply I-824 for duplicate approval notice.

Her current status - He does not have valid I-94 and valid approval notice on hand, although the USCIS portal (https://egov.immigration.gov/cris/caseStatusSearch), says her case has been approved.

Recently we applied for I-824. The I-824 processing dates for application and petitions are far behind - Oct 2003.

Q1: Is her status - Legal?
YES. have a copy of the h4 extension receipt notice AND take a print of approval from USCIS case status and guard it well.
Couple of months back I got my new H1 approved with company B and I have have new I797 untill 06/2007.
Q2: Is she eligible to apply I-539 for extension of stay in current status without a I94.

Q3: Since she applied I-824, will she get her I-94 aswell with a duplicate copy of approval notice?
YES. this case is very low in priority and you might have to wait too long to get the duplicate. she may not be able to depart usa. check with your lawyer to discuss all scenarios if arise now itself
Any kind of response is highly appreciated.

Thanks
-----------
sundarrrrr

 

[ginnu]

Hi

Last August 2003 Me and my spouse applied for extension of our Non-immigration status.
In Feb 2004 my extension got approved untill 08/2006 and I received my I797 by mail.
Even my spouse case has been approved in Feb 2004 but she never received her approval notice my mail.
--- if lawyer applied her H4 did you checked with lawyer? did she has H4 extension filing reciept??
When called National Customer Service Center they asked her to apply I-824 for duplicate approval notice.
----- that is OK but may take very long time to get approval
Her current status - He does not have valid I-94 and valid approval notice on hand, although the USCIS portal (https://egov.immigration.gov/cris/caseStatusSearch), says her case has been approved.
----- Take the Printout from online status, she is in status if her H4 ext was filed before expiry of her I-94 date
Recently we applied for I-824. The I-824 processing dates for application and petitions are far behind - Oct 2003.

Q1: Is her status - Legal?
--YES
Couple of months back I got my new H1 approved with company B and I have have new I797 untill 06/2007.
Q2: Is she eligible to apply I-539 for extension of stay in current status without a I94.
----- take the online printout . write in the cover letter that she never got H4 extension approval and her H4 extenson was filed on time, attach H4 extension filing reciept copy write that she also applied for duplicate approval, attach the reciept copy, I will let the lawyer to handle this
Q3: Since she applied I-824, will she get her I-94 aswell with a duplicate copy of approval notice?
----- Yes, if her H4 extension was approved attach any reciept copy or online print out that her H4 extension was approved and she did not get approval notice
Any kind of response is highly appreciated.

Thanks
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sundarrrrr