Saravana kumaar Posted October 31, 2019 Report Share Posted October 31, 2019 Hello, My wife has a valid VISA till Jun 2020 through employer A. Her recent port of entry date was Jun 22, 2018. Later I moved to employer B on Aug, 2018 and my H1 extension was reduced to May, 2019. After May, 2019 I again applied for H1 extension and approved till Dec, 2019, during this time my wife H4 was also filed and it is not approved till now. My employer B is again filing for H4 extension on top of a pending H4 extension. Now below are my questions. 1. My spouse previous H4 was valid till May 30, 2019 only. So, which means her 240 days has started and ends on Jan 26th 2020 ? Please confirm. 2. My spouse can't legally stay after 240 days i.e. after Jan 26, 2020 ? If yes, what are the options for her to stay here, or she has to go to India and get stamping done. Please advise. It's really frustrating while we wait for H4 approvals... your response would highly reduce our tension. Thank you... Quote Link to comment
shekar11# Posted October 31, 2019 Report Share Posted October 31, 2019 7 minutes ago, Saravana kumaar said: Hello, My wife has a valid VISA till Jun 2020 through employer A. Her recent port of entry date was Jun 22, 2018. Later I moved to employer B on Aug, 2018 and my H1 extension was reduced to May, 2019. After May, 2019 I again applied for H1 extension and approved till Dec, 2019, during this time my wife H4 was also filed and it is not approved till now. My employer B is again filing for H4 extension on top of a pending H4 extension. Now below are my questions. 1. My spouse previous H4 was valid till May 30, 2019 only. So, which means her 240 days has started and ends on Jan 26th 2020 ? Please confirm. 2. My spouse can't legally stay after 240 days i.e. after Jan 26, 2020 ? If yes, what are the options for her to stay here, or she has to go to India and get stamping done. Please advise. It's really frustrating while we wait for H4 approvals... your response would highly reduce our tension. Thank you... Your spouse can legally stay after 240 days. Even for H-1 after 240 days you are not supposed to work but can still stay in US. Quote Link to comment
User099 Posted October 31, 2019 Report Share Posted October 31, 2019 There is not 240 day rule for H4, she can stay as long as her petition is pending adjudication. If she has a valid visa stamp in her passport till June 2020 and has an I94 till June 2020, then she doesn't need to apply for H4 extensions till that date. Quote Link to comment
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