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Prabu.bloomi

H4 extension and passport expiring!

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Hi,

We applied H1 to H4 COS on Jan 2018(I-94 expired on jan 2018) and got RFE on Oct 2018(asking to prove H1B maintaining status). We responded it and waiting for decision.  On parallel , my employer applied H1 and H4 extension/new H4 EAD on Sep 2018 and H1B approved(3 yrs starting from Jan 2019) but H4 ext RFE received on Oct 2018 due to pending H4 COS RFE.  We have to respond H4 ext RFE based on decision from H4 COS by Dec 2018. Now we saw spouse passport is going to expire on Mar 2019.

In case if we clear all the RFE's, whether approved H4 extension date will be based on my spouse passport expiry date?

2) can my spouse go out for stamping with my H1B approved copy while H4 is pending with RFE?

3) If we get denial and spouse is staying more than 120 days after I94 expiry, whether it will create problem? I know the person have to go immediately, but is there any problem while stamping? 

Please help!

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Ok. My spouse H4 COS is pending with RFE and expiry date on her passport is March 4th  2019.

1. Do we get H4 approval till passport expiry date or based on my H1b approval dates? 

2. Can she travel out of country while her h4 petition is pending with rfe?

 

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She can leave anytime and return in January with a H4 visa and your H1 petition approval till 2022. She should get a new passport before she returns as the I94 she gets on return will be till passport expiry or your H1 petition expiry whichever is sooner.

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