I-94 expired, H4 extension applied - need to travel abroad urgently

D

divyars

New Member
Hi,
Any advise reg. the following matter is greatly appreciated...
 I\'m in the US on an H4 visa. My I-94 expired on March 25, 2002. My husband had to transfer his H1 last year, and his new approval came in June 2001, but at that time our attorney had advised us that we need not apply for my H4 transfer too. In Jan 2002, we applied for a transfer of my H4 status, and we got a receipt for that from the INS mentioning that the H4 approval might take 120-180 days.
Now, the problem is that I have to urgently travel to India before May. If my H4 is not approved until then, would it be safe to go? Would my husband\'s valid I-94 as well as visa status vouch for my being in legal status? We are confused.,,

If u have any info. on such cases, pls. reply asap.

Thanks,
Divya.
 
No Title

If you have to travel you have to. You are perfectly in status and the proof is that you have a number from INS that your case was timely filed. A H-4 case that is separately filed takes much longer to be adjudicated. If you do not get your approval within that time, you can still travel but you have to keep your husbands documents with you as well as the marriage certificate and have a H-4 visa stamp from the US consulate in the country you are visiting before you can return.
 
No Title

Debasis,
Thanks for ur inputs. Another question - I have been provisionally admitted for MS, and I am yet to submit my visa proof to confirm it. Under the current situation, with my I-94 expired, would it be risky to present my visa status to the university? I\'m not sure whether the H-4 extension will take long to be approved.

Thanks again,
-Divya.
 
No Title

Not at all. You can present it to the University authorities. They might have to issue a I-20 for your case and you have to file for a change of status again from H-4 to F-1.
 
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