Child H4 expires earlier than my H1


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Hi,

My kid's H4 will expire in May'20 as per his passport expiration (I have got his passport renewed recently) even I have my H1B till July'20. My company is planning to process my H1B extension (with approved I-140) in Jan'20 and per timelines it may take up to 10 months to get approval from USCIS. So is he allowed to stay in US with the extension receipt even without valid H4 and I-94?

I can go for premium processing, but I think USCIS is not considering to process H4's under the premium. Please advice.

Thanks,

Prasad

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On 10/17/2019 at 4:51 PM, PrasadKintali said:

Hi,

My kid's H4 will expire in May'20 as per his passport expiration (I have got his passport renewed recently) even I have my H1B till July'20. My company is planning to process my H1B extension (with approved I-140) in Jan'20 and per timelines it may take up to 10 months to get approval from USCIS. So is he allowed to stay in US with the extension receipt even without valid H4 and I-94?

I can go for premium processing, but I think USCIS is not considering to process H4's under the premium. Please advice.

Thanks,

Prasad

Your kid can stay in the country as long as he has a pending application with USCIS.

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