Spouse out of status question

[sep02279]

My wife's H4 as entered at the port of entry is valid until 05/01/99.
filed for extension on 04/30/99 (receipt date) and granted extension from 5/28/99 to 6/1/2002. so 28days considered out of status? But it was filed and the documents are with them before the expiration date.

 

[nandpc]

Since you had files the H4 extension before the expiry of her previous H4. She's not out of status even for a single day.

 

[matt_s_r]

My wife's H4 as entered at the port of entry is valid until 05/01/99.
filed for extension on 04/30/99 (receipt date) and granted extension from 5/28/99 to 6/1/2002. so 28days considered out of status? But it was filed and the documents are with them before the expiration date.

NO! She was NOT out of status.

Since the receipt date of extension application is
a day prior to expiry date, You're OK.

 

[niladri30]

NOT out of status, but USCIS made an error... extension start date should have read 5/2/99

 

[goodluck_140]

My wife's H4 as entered at the port of entry is valid until 05/01/99.
filed for extension on 04/30/99 (receipt date) and granted extension from 5/28/99 to 6/1/2002. so 28days considered out of status? But it was filed and the documents are with them before the expiration date.

thats true. It happened in my case, I checked the same with couple of lawyers. They said that it didn't mean that I was out of status.

As long as we file for extension and get receipt date prior to expiration date, we are fine.

 

[140_takes_4ever]

Once you have any paperwork pending with INS you are deemed as being in status until they make a decision on the case. So in the case of your wife, I would say she is definitely in status.

 

[sep02279]

Thank you so much for the replies. We checked with the lawyer. He told the same.