H4 Extension Physical presence in US Must?

[Girishnair]

Hi All,

My employer is about to file extension for me and my spouse(H4) within a day or two (We have valid I-797 till April 2018).

Unfortunately my wife needs to travel today to India on a personal emergency.

USCIS requires the candidate to be physically present in US while filing.

What can i do in this situation?

 

[pontevecchio]

She will need a H4 visa and your extension approval to return.

[Girishnair]

Thanks, Shall I then ask my employer to skip the extension application for my spouse and only proceed with my extension?

If my employer file for extension for my wife, will it be rejected?

[shekar11#]

On 12/13/2017 at 10:58 PM, Girishnair said:

Thanks, Shall I then ask my employer to skip the extension application for my spouse and only proceed with my extension?

If my employer file for extension for my wife, will it be rejected?

Ask him to skip. If not no issues. It will be rejected.