kiran436 Posted December 1, 2017 Report Share Posted December 1, 2017 Hi, This is my situation. Initially applied for H-1B transfer from company A to company B in regular process. But it got denied on OCT 25th. By that time our H-1B & H4 I-94 is expired (Expiry Date is 13-AUG-2017). Later company B applied for H-1B consular process in premium and it got approved with new I-94 valid from NOV 27 for H-1B. Please note that here company B didn't file H4 after H-1B got denied. Now company B trying to apply H4 with new approved H-1B. But I have below questions. 1) Is H4 Out Of status being counted from the date of I-94 expiry (13-AUG-2017) or from the day of H-1 denial (25-OCT-2017) ? 2) If USCIS denies H4 and spouse is beyond 180 days in out of status, will there be any issue? I assume if USCIS decision does not come before she attained 180 days and later if H4 gets denied, will she be incurred any loss? 3) Since company B filling H4 separately, how long does it take usually to get the decision? Link to comment
pontevecchio Posted December 1, 2017 Report Share Posted December 1, 2017 She should leave and return with a H4 visa and you should ask the company to pay for her trip. Link to comment
husky09 Posted September 20, 2018 Report Share Posted September 20, 2018 Hello, What are the options for H4 extension with expired I-94 status and expired H4 Visa on passport. My friend has an approved H1 B extension. But due to miscommunication (attorney not knowing of his marriage) his wife's H4 extension was not filled with his H1-B extension petition. His wife's I-94 status along with H4 Visa on passport is expired and she has currently overstayed by 30 days. She is still in U.S. What are his options to extend/reinstate his wife's H4 status? Should he file for her extension with nunc pro tunc request? Does it have a good success rate? Or should she go back to the home country and re-apply for H4 status through Visa interview at the U.S. consulate? Please advise. Link to comment
pontevecchio Posted September 20, 2018 Report Share Posted September 20, 2018 It has just been one month. She needs to leave soon and return with a H4 visa. Link to comment
Recommended Posts
Archived
This topic is now archived and is closed to further replies.