kv1234 Posted December 9, 2015 Report Share Posted December 9, 2015 Would really appreciate any help on the below query. I am currently on H1 B visa which is expiring on Feb 23, 2016. I have already applied (on Nov 17, 2015) for H4 and H4 EAD with an effective/change of status date of Feb 23, 2016. The application is currently pending with USCIS. Unfortunately my employer has informed me of their decision to terminate my H1 B visa on Jan 1, 2016. Question: 1. How can I change/amend the change of status date on H4 application (currently pending) from Feb 23, 2016 to Jan 1, 2016? If the above is not possible then can you help answer the below: 2. What happens if USCIS adjudicates the H4 application on January 10, 2016 with the effective date of Feb 23, 2016. Will my stay from Jan 1 until Feb 23 be considered illegal 3. What happens if USCIS adjudicates the application on March 1, 2016 with the effective date of March 1, 2016 will my stay from Jan 1, 2016 to March 1, 2016 be considered illegal. Will really appreciate your thoughts on the above scenarios and welcome any suggestions. Unfortunately I am not going to be able to travel out of the country for H4 stamping since i am expecting and due on Feb 1st. Link to comment
jairichi Posted December 9, 2015 Report Share Posted December 9, 2015 1. You can request by sending a letter with a copy of receipt notice. But, not guaranteed to work. 2. In that case you need to exit US on 10 Jan & enter with a valid H4 visa & a copy of your spouse I7987. 3. With a decision pending from USCIS you are considered in legal stay. Link to comment
kv1234 Posted December 9, 2015 Author Report Share Posted December 9, 2015 Hi Advanced Member, Thanks for the reply. Can you suggest, what can we do now to avoid travel in January. Link to comment
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