H4 Extension Question

S

shyamchandra

Registered Users (C)
Hi,
My wife's H4 visa is expiring on 01-OCT-2007. We are planning to file the extension now.
Suppose we apply the extension and her H4 visa approval comes on 20-OCT-2007, then will her stay from 01-OCT to 20-OCT be considered legal?

What if she wants to go to India on 10-OCT-2007? Will she be marked for deportation while leaving the country because of the 10 days overstay? What documents will she have to carry while leaving the country to show that her H4 extension is awaited? And that she had a legal reason to stay beyond her current H4 validity?

Please note that I have already got my H1 extension (I-797) recently. The reason we are in this situation is because I did not apply for her H4 extension at the same time.

Thanks
Shyam
 
shyamchandra said:
Hi,
My wife's H4 visa is expiring on 01-OCT-2007. We are planning to file the extension now.
Suppose we apply the extension and her H4 visa approval comes on 20-OCT-2007, then will her stay from 01-OCT to 20-OCT be considered legal?
-----------------------YES, FYI it takes 3-5 months for H4 extension approval. If she file her extension NOW then she may get approved in october
What if she wants to go to India on 10-OCT-2007? Will she be marked for deportation while leaving the country because of the 10 days overstay?
----------------NO, as she filed H4 extension with USCIS BEFORE her I-94 expiry date. better file NOW so that she gets H4 extension filing reciept( FYI at this time to get reciept it is taking 4-50 days)
What documents will she have to carry while leaving the country to show that her H4 extension is awaited?
------H4 filing reciept
And that she had a legal reason to stay beyond her current H4 validity?
-------H4 filing reciept
Please note that I have already got my H1 extension (I-797) recently. The reason we are in this situation is because I did not apply for her H4 extension at the same time.
---------------you did a mistake if her H4 was filed with your H1 extension in same envelope both would have been approved on same date (your H1 extension approval date)
Thanks
Shyam
Click to expand...
---------------File her H4 extension NOW
 
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