h4 grace period?

[neeta9]

My h4 expires on April 20th and my spouse's h1 extension is under Initial Review. It might take another 2 months for him to get his h1 approval until which time I cannot apply for h4 extension. I'm currently in home country and planning to get back to USA during the 1st week of April.

1. Can I stay in USA after 20th april or will I be out of status?

2. Can I apply for h4 extension with out spouse's h1 approval via efiling?

3. We want to file for h4 extension on our own since it is less expensive than his company to do. Are chances for RFE move?

4. Do I have any safer options so I can avoid RFE or other problems? His company will not file for premium processing since they think there is no urgency.

 

Please advice asap so I can make travel plans to get back to USA accordingly.

 

Thank you so much in advance!

[jairichi]

My h4 expires on April 20th and my spouse's h1 extension is under Initial Review. It might take another 2 months for him to get his h1 approval until which time I cannot apply for h4 extension. I'm currently in home country and planning to get back to USA during the 1st week of April.

1. Can I stay in USA after 20th april or will I be out of status?

2. Can I apply for h4 extension with out spouse's h1 approval via efiling?

3. We want to file for h4 extension on our own since it is less expensive than his company to do. Are chances for RFE move?

4. Do I have any safer options so I can avoid RFE or other problems? His company will not file for premium processing since they think there is no urgency.

 

Please advice asap so I can make travel plans to get back to USA accordingly.

 

Thank you so much in advance!

1. You need to apply for extension of status using your spouse's H1B receipt notice and other supporting documents.

2. Refer 1.

3. It is simple to file for H4 extension. You can do it yourself.

4. No safe options.

[pontevecchio]

You are wrong. You can apply for your H4 status extension based on his pending H1 extension. You will need the H1 extension receipt.