H4 Stamping Expired, I-539 Valid up to OCT 2020 through Previous Employer


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Hi Team, 

Thanks in Advance,

Please find my issue and request your Valuable Suggestions.

Step 01:

In AUG 2017, We filed an extension through Company A, and we got approved I-797 in the month of NOV 2017 and Valid up to OCT 2020.

at the time of Extension, Company A applied I-539 for my Family, and they also got visa up to OCT 2020.

i.e, My Self and My Family had Approval I-797 Copies which is Valid up to OCT 2020 through Company A.

Note: VISA Stamp on Passport is expired on SEP 2017 for my Family and then i Went for Extension in AUG 2017.

Step 02:

After getting the Valid VISA, i mean Approval Copy from Company A ( in the above Step 01 ), Then i  transfer to Company B in the Month of  JAN 2018, in Premium mode through Company B ; Successfully, i got New I-797 Form through Company B, which is Valid up to to OCT 2020.

Here, i forgot to apply I-539 for my Family, as my new Employer told me not required to apply as they had validity up to OCT 2020, which we got from Employer A. Now it has been a Year, since i transfer in JAN 2018, now it is April 2019.

Now, I had a Valid I-797 Copy through Company B, and i do not have any new I539 Copy Through Company B, only i had my Previous I-797 / I 539 Copy fro my Family which is Valid up to OCT 2020.

I.e in my Approval Copy, My Company B details is mentioned, and for my Family, Previous Company A details will be mentioned.

My Question:

  • What is the Legal Status of my Family, are they still Valid to Stay in US or not.
  • Can i apply any State ID card for them in USA or not ( as they don't have Company B, I-539 Document )
  • Currently , my KID Passport is going to Expire in Couple of Months, and CKGS is requesting a Valid US Legal Status for renewal ; Can go with my I-797 and My KID Previous I-797 Which is Valid up to OCT 2020 but through different Employer , Company A.
  • Please suggest, if any alternative, so that i can request my New Employer.
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On 4/29/2019 at 10:35 AM, JAMPAS said:

Hi Team, 

Thanks in Advance,

Please find my issue and request your Valuable Suggestions.

Step 01:

In AUG 2017, We filed an extension through Company A, and we got approved I-797 in the month of NOV 2017 and Valid up to OCT 2020.

at the time of Extension, Company A applied I-539 for my Family, and they also got visa up to OCT 2020.

i.e, My Self and My Family had Approval I-797 Copies which is Valid up to OCT 2020 through Company A.

Note: VISA Stamp on Passport is expired on SEP 2017 for my Family and then i Went for Extension in AUG 2017.

Step 02:

After getting the Valid VISA, i mean Approval Copy from Company A ( in the above Step 01 ), Then i  transfer to Company B in the Month of  JAN 2018, in Premium mode through Company B ; Successfully, i got New I-797 Form through Company B, which is Valid up to to OCT 2020.

Here, i forgot to apply I-539 for my Family, as my new Employer told me not required to apply as they had validity up to OCT 2020, which we got from Employer A. Now it has been a Year, since i transfer in JAN 2018, now it is April 2019.

Now, I had a Valid I-797 Copy through Company B, and i do not have any new I539 Copy Through Company B, only i had my Previous I-797 / I 539 Copy fro my Family which is Valid up to OCT 2020.

I.e in my Approval Copy, My Company B details is mentioned, and for my Family, Previous Company A details will be mentioned.

My Question:

  • What is the Legal Status of my Family, are they still Valid to Stay in US or not.
  • Can i apply any State ID card for them in USA or not ( as they don't have Company B, I-539 Document )
  • Currently , my KID Passport is going to Expire in Couple of Months, and CKGS is requesting a Valid US Legal Status for renewal ; Can go with my I-797 and My KID Previous I-797 Which is Valid up to OCT 2020 but through different Employer , Company A.
  • Please suggest, if any alternative, so that i can request my New Employer.

1. They can stay in US. Their I-797 is not employer related. They can stay legally till Oct 2020.

2. Yes, you can.

3. Yes, you can do that.

Don't worry. What your new employer told you is right.

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