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

Asked 8 months ago - 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)

  1. Daniel Patrick Hanlon

    Contributor Level 20


    Lawyers agree

    Answered . 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... more
  2. Gunda Johanna Brost


    Contributor Level 20

    Answered . 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... more
  3. Mary Nicole Morrison

    Contributor Level 12


    Lawyer agrees

    Answered . 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.

  4. Stephen D. Berman

    Contributor Level 20

    Answered . 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... more
  5. Alexander M. Ivakhnenko

    Contributor Level 20

    Answered . 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... more

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