pvkumar27 Posted January 12, 2016 Report Share Posted January 12, 2016 I came to US on H1 with my dependents (H4) on May 2nd 2015 (with Visa expiry for all of us @ 31 Dec 2015) . Visa extension and amendment for all of us was filed by my employer in month of August in normal mode and its still in process. My new employer filed for transfer in Dec last week in premium mode and my transfer petition was approved on 4th Jan 2016. My new employer missed out to apply for the extension for my dependents along with my transfer petition. I got the extension on H1B up to Dec 2018 with new employer but my dependents H4 Visas expired by 31 Dec 2015 from my old employer. Now my new employer asked me to file for extension of dependents ( form I-539). Question 1: Since their H4 Visas are expired, are my dependents legally allowed to stay in US? Question 2: How much time it will take to get the extension after I 539 is filed, Link to comment
pvkumar27 Posted January 13, 2016 Author Report Share Posted January 13, 2016 Can someone please look into it and advice? Link to comment
jairichi Posted January 13, 2016 Report Share Posted January 13, 2016 When is their I94 expiry? Link to comment
pvkumar27 Posted January 14, 2016 Author Report Share Posted January 14, 2016 I94 also expired by 31 Dec Link to comment
pvkumar27 Posted January 14, 2016 Author Report Share Posted January 14, 2016 When is their I94 expiry? I 94 also expired on 31 Dec 2015 Link to comment
pvkumar27 Posted January 14, 2016 Author Report Share Posted January 14, 2016 When is their I94 expiry? I 94 also expired on 31 Dec 2015 Link to comment
jairichi Posted January 14, 2016 Report Share Posted January 14, 2016 I 94 also expired on 31 Dec 2015 Their stay is illegal from 1st January 2016. File a H4 extension today. It may or may not be approved. Currently it takes more than 4 months to get a decision. On safer side it is better to exit and enter US with a valid H4 visa and a copy of your I797. Link to comment
pvkumar27 Posted January 15, 2016 Author Report Share Posted January 15, 2016 Is it possible to file I 539 in premium? Also application from my previous employer (he filed for my dependents) is still in process. Link to comment
pvkumar27 Posted January 15, 2016 Author Report Share Posted January 15, 2016 Thier visa extension filed from first emplyer is still processing and he didn't withdrawn. Do you think still it's a peoblem? Link to comment
jairichi Posted January 15, 2016 Report Share Posted January 15, 2016 Thier visa extension filed from first emplyer is still processing and he didn't withdrawn. Do you think still it's a peoblem? I am sorry I missed that point. Make sure that petition is still in progress. File a form I539 for your dependents using that extension receipt and new employer's I797. Link to comment
pvkumar27 Posted January 15, 2016 Author Report Share Posted January 15, 2016 My dependents are currently in status or is there any legal issue? Link to comment
pvkumar27 Posted January 20, 2016 Author Report Share Posted January 20, 2016 Can you please advice? Link to comment
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