H4 Extension Applied : Receipt Notice Not received

A

Anuradha_Joshi

New Member
Hi,
I have a very urgent question regarding my H4 extension. Any help would be highly appreciated.

My current H4 is valid till 01-OCT-2007. I applied for my H4 extension (I539) about a month back. Please note that my husband's H1 extension has already been approved, we missed filing the H4 along with the H1, so we filed the H4 later.


But the problem is, there was a typographical error in the Address on the H4 application (I539). The Apartment # was incorrect and we realized it later. Because of this I haven't received the Receipt Notice yet. However, I was able to get the EAC# from the check that they deposited in the bank(USCIS writes the EAC# on the back of the check).


I called USCIS and asked the Customer Representative to correct the address on the application. She said she has placed a requisition for the same and gave me a referral no. corresponding to it. Then after 2-3 days I called them again to confirm if the address has been corrected, to which they replied that they have no way to confirm that.

I also asked them about sending me the receipt notice at the corrected address and they said it might take upto 90 days.


Now my question is -
1. If I want to go to India after the expiration of my current H4 and before receiving any receipt notice or approval of my H4 extension, will I be marked for deportation? Does anyone check at the airport?

2. While leaving the country, the I94 has to be returned, will those guys ask me why I overstayed? I would not be having any proof that I have applied for my H4 extension except for the EAC#. But there is no way to prove that the EAC# corresponds to my application.


I know that leaving the country before the H4 approval will abandon my application, but I am not concerned about that. I can reapply for the same in India again. I applied for the extension here because I wanted to stay a couple of weeks more than my current H4 validity.

I do not want to take the risk of being marked for deportation. Please advise.

Thanks in advance!

Anuradha
 
Anuradha_Joshi said:
Hi,
I have a very urgent question regarding my H4 extension. Any help would be highly appreciated.

My current H4 is valid till 01-OCT-2007. I applied for my H4 extension (I539) about a month back. Please note that my husband's H1 extension has already been approved, we missed filing the H4 along with the H1, so we filed the H4 later.


But the problem is, there was a typographical error in the Address on the H4 application (I539).
The Apartment # was incorrect and we realized it later.
-----------------------that is your mistake and reciept will be sent to that Apartment
Because of this I haven't received the Receipt Notice yet. However, I was able to get the EAC# from the check that they deposited in the bank(USCIS writes the EAC# on the back of the check).


I called USCIS and asked the Customer Representative to correct the address on the application. She said she has placed a requisition for the same and gave me a referral no. corresponding to it. Then after 2-3 days I called them again to confirm if the address has been corrected, to which they replied that they have no way to confirm that.
--------------------------if you talked 1800NCSC then they are correct they cant change the address
I also asked them about sending me the receipt notice at the corrected address and they said it might take upto 90 days.
---------------------they may not send the reciept again and even if they send it will take long time

Now my question is -
1. If I want to go to India after the expiration of my current H4 and before receiving any receipt notice or approval of my H4 extension, will I be marked for deportation?
-------------------Not deportation
Does anyone check at the airport?
---------- you will submit your present I-94 before going out of US at Airline counter and ailine counter gives all the I-94 to USCIS then they enter in USCIS system
2. While leaving the country, the I94 has to be returned, will those guys ask me why I overstayed?
---------------NO
I would not be having any proof that I have applied for my H4 extension except for the EAC#. But there is no way to prove that the EAC# corresponds to my application.
----------------take the online status printout of your H4 ext filing with EAC # and also keep the copy of Fee check(both sides) that was cashed by USCIS

I know that leaving the country before the H4 approval will abandon my application, but I am not concerned about that.
I can reapply for the same in India again.
-------------in India you cant reapply H4 extension but you can get H4 visa stamp if your spouse is on H1 status
I applied for the extension here because I wanted to stay a couple of weeks more than my current H4 validity.
----------------------till what date is your present I-94 valid? you can go out before the I-94 gets expired
I do not want to take the risk of being marked for deportation. Please advise.

Thanks in advance!

Anuradha
Click to expand...

-------------------------- before sending any form to USCIS read it 2-3 times
 
H4 Extension Applied : Receipt Notice Not Received, I-94 expiring soon

Thanks Ginnu.

I have another question here.

Both my current H4 visa and I-94 is valid till 1-OCT-2007. If I plan to go to India on 15-OCT-2007 and considering I do not get the receipt notice or the H4 extension approval by then, do you think it will a problem ?

Will my stay for 15 days here after the expiration of my I-94 be considered legal ? I do not want to get blacklisted anywhere. Please advice.

Thanks,
Anuradha
 
Anuradha_Joshi said:
Thanks Ginnu.

I have another question here.

Both my current H4 visa and I-94 is valid till 1-OCT-2007. If I plan to go to India on 15-OCT-2007 and considering I do not get the receipt notice or the H4 extension approval by then, do you think it will a problem ?

Will my stay for 15 days here after the expiration of my I-94 be considered legal ?
--------------Then you will over stay 14 days
I do not want to get blacklisted anywhere.
------------- then go out on 1-OCT-2007
Please advice.

Thanks,
Anuradha
Click to expand...

FYI as you have filed H4 extension on time your stay till 15-OCT-2007 may not create problems because you will give present I-94 at airline counter then airline gives it to USCIS and then USCIS enter in data and will find that I-94 # that you filed H4 extension on time, you can also attach Copy of the Printout and can write that you filed H4 extenson on date... and did not get reciept or H4 extension approval at the time of your departure from US. For more info you can talk to your lawyer
 
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