On H1 which is maxing out in Jan 2020, can stay in USA on H4 as spouse is on H1 awaiting extension?

[get12345]

Hello,

I'm on H1 which is maxing out in Jan 2020. My GC processing has not been initiated.

My spouse is on her Independent H1 and my kids are her dependents. Her visa/I94 expires on 31st Dec 2019 and her extension is due.

My spouse is filing for her extension, I have following questions:

1. If my spouse file a H4 for me along with her extension, Can I continue staying in USA even after my H1 visa ends?

2. Will I be considered out of status from Feb 2020 if the extension request is not approved by then?

3. Will I be required to exit USA and get H4 stamped after her H1 is approved? Is this the only way for re-union?

 

Regards,

get12345

[shekar11#]

On 10/18/2019 at 8:55 AM, get12345 said:

Hello,

I'm on H1 which is maxing out in Jan 2020. My GC processing has not been initiated.

My spouse is on her Independent H1 and my kids are her dependents. Her visa/I94 expires on 31st Dec 2019 and her extension is due.

My spouse is filing for her extension, I have following questions:

1. If my spouse file a H4 for me along with her extension, Can I continue staying in USA even after my H1 visa ends?

2. Will I be considered out of status from Feb 2020 if the extension request is not approved by then?

3. Will I be required to exit USA and get H4 stamped after her H1 is approved? Is this the only way for re-union?

 

Regards,

get12345

1. Yes, you can stay.

2. No because you have a pending application with USCIS.

3. Not needed.