H4 renewal - expiring i94 and no renewal receipt

[rtp]

Hi,

I am currently doing my H1b renewal in regular processing. My application process got delayed and have only mailed my wife's i-539 documents for H4 renewal last week. Our i94 will be expiring early next week and have not received a receipt from USCIS yet on H4 renewal. We are expecting a USCIS receipt for her in a week or two.

My concern here is that will be considered out of status until she receives the receipt? There will not be any documents to show her legal presence. Can she stay in the USA while she awaits the receipt?

Thanks!

[User099]

Yes, she will be considered out of status if she doesn't get the receipt notice by her I94 expiry date. If she decides to stay, talk to an attorney.

[shekar11#]

14 hours ago, User099 said:

Yes, she will be considered out of status if she doesn't get the receipt notice by her I94 expiry date. If she decides to stay, talk to an attorney.

That is not right. If USCIS receives the documents before I-94 expiry date the person can stay in US. That's why retaining the shipping receipt is very important to track when the docs were delivered to USCIS.

[shekar11#]

On 11/8/2019 at 10:01 AM, rtp said:

Hi,

I am currently doing my H1b renewal in regular processing. My application process got delayed and have only mailed my wife's i-539 documents for H4 renewal last week. Our i94 will be expiring early next week and have not received a receipt from USCIS yet on H4 renewal. We are expecting a USCIS receipt for her in a week or two.

My concern here is that will be considered out of status until she receives the receipt? There will not be any documents to show her legal presence. Can she stay in the USA while she awaits the receipt?

Thanks!

No issues. She can stay in US.

[User099]

On 11/11/2019 at 2:47 PM, shekar11# said:

That is not right. If USCIS receives the documents before I-94 expiry date the person can stay in US. That's why retaining the shipping receipt is very important to track when the docs were delivered to USCIS.

Good luck with that!

[Bharat83]

On 11/8/2019 at 9:01 AM, rtp said:

Hi,

I am currently doing my H1b renewal in regular processing. My application process got delayed and have only mailed my wife's i-539 documents for H4 renewal last week. Our i94 will be expiring early next week and have not received a receipt from USCIS yet on H4 renewal. We are expecting a USCIS receipt for her in a week or two.

My concern here is that will be considered out of status until she receives the receipt? There will not be any documents to show her legal presence. Can she stay in the USA while she awaits the receipt?

Thanks!

I am now in the same boat .. did you get recipient dated before i94 expiry or after i94 expiry ..  how long did that they took to issue a receipt for H4 after filing/shipping reached them .. Please answer above questions.. will be much beneficial for many like us. Thanks.