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Filed for H4 extension. Received I-797 C but decision is pending. Can I stay in USA beyond the last date in my current H4?

Mundelein, IL |
Filed under: H-4 dependent visa

My husband has filed my H4 for extension and has received the I-797 C form. It is still in initial review state. My current H4 is valid till May 17, 2014. If some decision is not made by that time, can I stay in USA after May 17,?
My husband has already got his H1 extension approved.


Attorney Answers 3

  1. Best answer

    Yes, you may stay and wait for a decision on your extension application.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.

  2. He should hire counsel for Legal Advice and set a schedule for consultation with an immigration attorney to evaluate the case and discuss options.

  3. Yes you can stay until the decision is adjudicated and if approved until the status forms - the new one you will receive by mail, expires.

    The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.

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