Sree7777 Posted January 20, 2017 Report Share Posted January 20, 2017 Hi This is Sree ,I am on H1 and maintaining valid status changed to other employer and my H1 is extended till 2019 ,but as I am not aware that I have to extend my spouse H4 visa extension separately we did not file and now her visa stamp and I 94 is expired 90 days ago and we recently came to know when we went to DMV . we have already filed her extension through my employer . Here are my doubts 1. Processing time takes around 3 months it seems and she is already out of status from 90 days so till that time she would be crossing 180 days all these days will be considered out of status even after we filed the extension ? 2. Can she travel to home country while Extension is processing will she have any issues in consulate stamping or better she should stay here ? we are confused what to do now . Link to comment
pontevecchio Posted January 20, 2017 Report Share Posted January 20, 2017 The best solution is to leave SOON and return with the H4 visa. Link to comment
Nishababy Posted February 10, 2017 Report Share Posted February 10, 2017 Could you please let me know what you did in your case ? Am also in same situation. I 94 expired on sept 2016. My husbands job location is changing so attorney suggested to do h4 extension along with the h1b amendment in premium. So he is going to file nunc pro tunc. His LCA approval is pending as of now. We are in the verge of losing hope :( Since I have very less time left before the 180 days I may have to leave before the result of the petition is out!!! Link to comment
ikiranp Posted February 18, 2017 Report Share Posted February 18, 2017 Hi @Nishababy and @sree777 Could you please how was your experience or advise in this case. We are in same situation, though Extension is applied under nunc pro tun, attorney has suggested to leave country and get new VISA. I94 Expired on 31st Jan 2017. Link to comment
shweta@046 Posted October 23, 2017 Report Share Posted October 23, 2017 Hi @Nishababy and @sree777 Can you please update i have the same issue now forgot to file H4 extension and we have filed extension after 45 days of unlawfull stay My wife is pregnant and its a risk to travel now Pls pls help to get answers Regards Kumar Link to comment
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