Waiting_user Posted May 23, 2018 Report Share Posted May 23, 2018 1. I had L1-b visa, and wife and daughter were in L-2 visa since 2012-October 2. Sep-2017 I converted my L1-b to H1-B under same employer. 3. I recd my approval notice for h1-b in sep -2017 and it is valid till 30-Sep-2018 - one year. 4. After I recd my h1-b in sep-2017 my company filed for cos for my wife and daughter in Sep-2017. 5. Now USCIS is taking 12 months to adjudicate I-539 forms for change of status so my wife is not going to get her H4 approval till sep-2018. Her I-94 is already expired in Nov-2017. She did not leave US since the L2 to H4 cos I-539 is still pending with uscis 6. Now Since i am nearing my h1-b renewal I am preparing documents to be filed. I want to file my wife’s extension together as well so that this time the decision comes together for my h1-b and her H4. Questions:- 1. Can I file for my wife’s H4 extension when the original H4 itself is not approved yet and pending with uscis? 2. If the answer is yes to query 1, what shall I enter in i-94 number field in her I-539 form this time when I file for extension, as the latest I-94 she has is already expired. 3. What options do I have ? thanks in advance Link to comment
pontevecchio Posted May 24, 2018 Report Share Posted May 24, 2018 She can always leave and return with a H4 visa. Or of PP is possible go that route. Link to comment
Waiting_user Posted May 24, 2018 Author Report Share Posted May 24, 2018 If she leaves while the current petition is in progress then the petition will be abondoned and the stay from nov-2017 till now will become unlawful as it’s out of status. sorry but what do you mean by pp? Link to comment
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