I-539 Status!!!

K

Kavi123

New Member
We applied for the H4 extension after 2 months of H4/I-94 expiry. Till date i havent recieved any information/reciept about the i-539 application.

Considering the texas processing center which is slow , we decided to leave the country immediately and apply for a new h4 visa in home country,

Now ,what will happen to the i-539 status, once i leave the country?

Will it affect my H4 visa application in my Home country?

I am totally confused,please help!!!

Kavi
 
Keep all records of I-539 application . You will need to show it to prove that you applied for it .

You should be okay applying for an H4 in your home country
 
Kavi123:

--And also remember if H4 extension is denied by BCIS then the entire time H4 holder stayed in US will be unauthorized stay and if unauthorized stay is more than 180 days then 3 year bar starts. You filed for H4 extension after expiry of I-94 ,the BCIS has zero tolerance policy at this time. In the past they have forgiven this kid of innocent mistake but now the times are not good. If I am in your position I will send H4 holder immediately to home country so that he/she can get H4 visa sticker in home country. You are not 100% sure that BCIS will approve the extension, better is to leave US ASAP get H4 visa and re-enter
 
Thanks for the reply, ginnu.

I know, i should not take chances with BCIS, hence i have decided to leave the country very soon.

But just wanted to know as to what will be the status of my I539, once i leave the country?

Should i mention about I539 when applying for a new H4 visa?

thanks
 
You can mention about applying I-539 if the form asks for any info, keep the receipt of filling with you. If you get new H4 visa in India and the I-539 or H4 extension is approved while H4 holder is away than the new I-94 that is received at POE will govern the status as it will be last Action if you enter with H4 visa and get your I-94 at POE and you get H4 extension after that date and you are in US then the I-94 attached with approval will govern the status. Last Action will govern the status. If H4 holder is out of US and H4 extension is approved it will be of no use the I-94 you recieve while enter US will be the correct one.
 
As soon as the applicant leaves US, the I539 is abandoned. No effect on any future status.
Only gain you have by applying for I539 is to reduce the out of status time. The decision to travel out of US is the only way to reset the out of status...
 
“As soon as the applicant leaves US, the I539 is abandoned”

Not correct, Change of status gets abandoned, not extension of status, if the person leaves after filing EOS and re-enters US before the extension is approved by BCIS than that extension is valid and the new I-94 that comes with extension is valid as that is the last action:

See:
http://www.immigration.gov/graphics/lawsregs/handbook/TravPub.pdf
 
Last edited by a moderator:
You must log in or register to reply here.
Top