simple_guy Posted December 19, 2014 Report Share Posted December 19, 2014 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. Link to comment
rahul412 Posted December 19, 2014 Report Share Posted December 19, 2014 Just cancel the request. Link to comment
pontevecchio Posted December 19, 2014 Report Share Posted December 19, 2014 You do not have to do anything. Link to comment
simple_guy Posted December 19, 2014 Author Report Share Posted December 19, 2014 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? Link to comment
pontevecchio Posted December 19, 2014 Report Share Posted December 19, 2014 This has no impact negative or positive for her visa. Move on. There is no problem. Link to comment
simple_guy Posted December 23, 2014 Author Report Share Posted December 23, 2014 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? Link to comment
pontevecchio Posted December 23, 2014 Report Share Posted December 23, 2014 The timely filed pending EOS keeps her legal till they decide. Link to comment
simple_guy Posted December 23, 2014 Author Report Share Posted December 23, 2014 Found this article, which says pending application abandonment is not considered Our Of Status. Can I rely on this as I got conflicting answer? http://www.****************.com/ Link to comment
rahul412 Posted December 23, 2014 Report Share Posted December 23, 2014 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. Link to comment
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