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Wife h4 status is initial review ? can she stay after 180 days also

Bettendorf, IA |

my h1b status got changed on 17 Oct 2013. and later i applied my wife h4 on 26 nov 2013 (he was with me in usa ). her h4 is still showing initial review.
up to how many days she can stay in USA (unless decision take by USCIS)?

Attorney Answers 5


Was your wife still in a valid nonimmigrant status when she filed a change of status to H-4? If so, she can remain in the US until USCIS makes a decision on her I-539. If she was NOT in a valid nonimmigrant status at the time, USCIS will deny her I-539 and she needs to leave the US within 180 days of the expiration date of her I-94 to avoid incurring a 3 year bar. You should consult with a qualified immigration attorney for advice specific to your situation.

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If she was in lawful status at the time she filed for a change of status, she is allowed to remain in the U.S. until there is a decision.

The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

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While filing I-539, she was in L2 ( I-94 expiry date is Feb 20, 2014. but i am not sure that i-94 was valid or not as on oct 17 2013 i got moved to H1b from L1b). considering this , can she stay in usa until h4 decision.


She is in a period of authorized stay al least until the USCIS makes a decision on her change of status application.

Please note that this posting does not constitute legal advice or create any attorney-client relationship with the inquirer. Avvo is a useful forum to obtain general information on legal issues, but is not a substitute for direct, confidential consultation with an attorney in any legal matter.

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You appear to be concerned about your lawful stay in the United States and wish to remain in the country legally. If that is in fact correct, delegate any of your issues to the counsel of record, as legally appropriate in this situation.

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professionally competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide a competent professional opinion, however, the law and its applications change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions expressed are general in nature, and may not apply to specific, factual or legal circumstances related to one's present legal issues. Contact an experienced lawyer admitted to practice in that State under an attorney-client privilege to further receive comprehensive legal assistance before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois

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As long as she filed while in lawful status, she remains in a period of authorized stay until adjudication.

Gunda J. Brost Brost Law Office This advice does not form an attorney-client relationship and is merely informative. It should not by itself be relied upon to address a legal concern.

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