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  1. #1
    Join Date
    Jan 2014
    Posts
    1

    Default H4 Status Expired While Change of Status Was Pending, Now Out of Status

    Hi All

    I have a few visa related question. Below is the chain of events followed by my questions.

    Events:

    1) Me and my wife's visa/I-94 (My H1B and her H4) was due to expire on 30th September.
    2) My wife got a job with another employer and her H1B was filed through them.
    3) I filed (Only mine)my I-94 extension through my Company. Got the approval last month. Approved till May 2016.
    4) My wife's H1B petition got denied today. She was staying in USA as she was waiting for the H1B.
    5) Now she wants to return back to India.

    Questions:

    1) Can she leave USA without any issues? Her H4 and I-94 expired on 30th September. She was staying in USA as her H1B was under process.
    2) What will she have to do if she wants to come back to USA in future? Should I apply for her H4 extension now or then? Or getting a new stamping from India will be enough?

    If she is out of status then an H4 extension has to be applied asap. Let me know what we need to do.

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: H4 Status Expired While Change of Status Was Pending, Now Out of Status

    She can leave with no problem. She will be deemed to have started an illegal stay as of the time her original visa expired. Apply for the H4 and expect to be denied.

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