H4 expiring. What next and CP status.

A

alren

Registered Users (C)
Hello all,

Sorry for posting onto multiple forums.

My wife entered the US on H4 in the beginning of July 2003. As my H1 *was* valid until 1st week of August 2003, her H4/I94 is until that time only. My H1 has been extended now.

The lawyers have not yet filed her extension of stay (I understand they are *in* the process of doing so). Obviously, we are not going to get the approval before the expiration date. What would be her status in the following scenarios after the expiration date.

1) The lawyer has send the I539 just a day before the expiration and not recd. the BCIS receipt (due the tight time frame)
2) The lawyer manages to send the I539, say tomorrow, and receives the BCIS receipt.
3) The lawyer does not send the I539 in before the expiration.

I have opted for Consular Processing. So how does it affect her status when we go for the CP interview in each of the above 3 scenarios.

Any and all insights will be highly appreciated.

Thank You,

alren
 
With 1 and 2,

you are safe. With 3, you are taking some risk- try to avoid it. if you don't get the receipt, take a copy of the H4 extension appln and your H1b extension approval and you are all set.;)
 
Hi Rajeev

Did u got PC or welcome letter? I have been following closely as I arrived few days after u in chicago.
 
Re: With 1 and 2,

Originally posted by Rajeev Kumar
you are safe. With 3, you are taking some risk- try to avoid it. if you don't get the receipt, take a copy of the H4 extension appln and your H1b extension approval and you are all set.;)
Click to expand...

I think it is now between 1 & 2.

The attorney sent the application about 5 days before the expiration and and BCIS recd. it the next day (USPS tracking). BCIS site shows the receipt date as the day of the expiration of the H4.

Is it safe now? Should I get the copy of the Receipt notice from the attorney.

Thanks,

alren
 
yes as far as being in status is concerned your wife is fine.

you can either ask your attorneys to provide you with a copy/ original receipt of h-4 application.
 
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