H4 Extension - with no travel to US

[rrahulreddy]

Hi -  I got my first H4 stamped this year, which expires in May '23. But I have not travelled to US even once during this time. Now My husband is filing for his H1B extension through his Company, we are confused how to file my H4 extension. Does it will be taken care of my husband company or do can I just automatically use my husband'd approved I-797C & attend interview at US consulate for extension.

Please help as expiry date is approaching.

Edited April 1, 2023 by rrahulreddy
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[Attorney_15]

Generally, if you come into the US with an H-4 Visa stamp, you can extend your H-4 status in the US without leaving the US by filing an I-539 form with USCIS requesting an H-4 extension of status. IMPORTANTLY, such a request must be filed before the H-4 status expires - that is the date on the I-94 Card - and it can be filed with the H1B Petition extending a spouse's status. One cannot just rely on a spouse's H1B Approval Notice or extension to extend one's H-4 status.

[newacct]

On 4/1/2023 at 1:29 PM, rrahulreddy said:

Hi -  I got my first H4 stamped this year, which expires in May '23. But I have not travelled to US even once during this time. Now My husband is filing for his H1B extension through his Company, we are confused how to file my H4 extension. Does it will be taken care of my husband company or do can I just automatically use my husband'd approved I-797C & attend interview at US consulate for extension.

Please help as expiry date is approaching.

There is no visa "extension". If you wish to enter the US after your visa expires, you would apply for a new visa, with all the evidence that someone needs to apply for an H4 visa, namely, their spouse's H1b petition.

If you wish to enter the US before your visa expires, you do not need a new visa. If you enter with a copy of your spouse's new H1b petition, you will be admitted until the expiration date of that new petition. If you enter before your spouse's new H1b petition is approved, you will only be admitted until the expiration of their old H1b petition, and then you would have to either apply for Extension of Stay in the US, or leave and re-enter.

Edited April 3, 2023 by newacct

[rrahulreddy]

Then can I file I-539 from outside US as well. I am not planning to travel before May ‘23 which is till I have H4 approval. 
what I am looking for filing for H4 extension outside US. 

[newacct]

8 hours ago, rrahulreddy said:

Then can I file I-539 from outside US as well. I am not planning to travel before May ‘23 which is till I have H4 approval. 
what I am looking for filing for H4 extension outside US. 

No you cannot. That wouldn't make any sense. I-539 is the application to extend or change your nonimmigrant status. Status is something that you only have while inside the US. When outside the US, you have no status, and therefore have no status to "extend" or "change". There would be no point. You will always need a valid visa to enter the US again, and you will always be granted a new status and duration on entry, based on the visa that you present at entry.