URGENT: Wife H4 extention filed - But had to travel

simple_guy

By simple_guy,
in Non-Immigrant Issues

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simple_guy Newbie

simple_guy

Posted
Posted

Hi,

 

My wife and I both applied H1 and H4 extension respectively which are pending (I-94 expired). (8th year H1b extension with approved I-140).

 

Wife has to travel to India due to family emergency. What will happen now?

Her I-539 is in progress.

I am sure she will attend visa interview in India which is fine. What will happen to her I-539 now? Do I have to cancel it?

 

I posted this yesterday but not showing up in forum.. so reposting.

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simple_guy Newbie

simple_guy

Posted
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Posted

Thank you guys.. looks like this is not a big deal as no one panicked :-)

But if there is process to cancel the request without negative impacts to her visa interview, would prefer to follow.

 

Rahul, Please let me know how can I cancel the request and I would go through the same.

 

Also, if they ask my wife at interview that your I-94 is expired in Oct but you travelled back in Dec... she can refer to extension filing. So, is it go idea to cancel after her visa interview or it will be cancel after interview by default?

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rahul412 Advanced Member

rahul412

Posted
Posted

I hate to bring up this discussion again, but someone raised a questions saying.

 

If she left before H4 extension is approved (while pending).. time spent between I-94 expiry date and travel back date is considered Out of Status as application is considered not approved.

Is it true?

Have you asked that person to show the proof?

AFAIK, if your ext is pending you can stay in US even if your I94 is expired.

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