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H1 extension approved H4 waiting

Fremont, CA |

Hi, I got my H1 extension approved few weeks back but realized my company never applied for my wife's H4 extension, which they did about 3 weeks back and I got the receipt number for the extension.

My question is will my wife's H4 extension will happen quickly and smoothly even if my company didn't apply for extension intially and my wife was out of status for sometime before my company relaised their mistake and applied it after my H1 extension was done or is it safe to go out of US and get the H1 and H4 extension stampped.

Attorney Answers 1


Your wife needs to be careful here. It appears that she was out of status at the time that the application for extension of status was filed. If your employer explained to the USCIS that the mistake was theirs they may be inclined to forgive the gap. However, your wife is presently out of status and unlawfully present. If you don't get an answer from the USCIS within 180 days from the date her status expired she should leave or will face a 3 year bar on re-entry. This becomes a 10 year bar if she is unlawfully present for 1 year or more from the date her status expired. You should definitely calendar the 180 day period very carefully and hope that you get a response before then.

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