H4 I94 expires as COS H1 is in RFE


ramukandasamy

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My wife's I-94 from her H4 is expiring on Nov-15. We have filed a H1 from her employer in April(COS) which got a RFE and we responded  in October 1st week. Now if the H1 is not approved till  Nov-15 - will she be out of status? Should I file a H4 extension through my employer or is she ok to continue based on her pending H1? Should I consider Premium processing for the H1?

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My wife's I-94 from her H4 is expiring on Nov-15. We have filed a H1 from her employer in April(COS) which got a RFE and we responded  in October 1st week. Now if the H1 is not approved till  Nov-15 - will she be out of status? Should I file a H4 extension through my employer or is she ok to continue based on her pending H1? Should I consider Premium processing for the H1?

As long a decision is pending with USCIS she is on status. You can upgrade to premium processing.

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