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Applying H4/h4ead Extension After H1b Extension And Travel

Discussion in 'Nonimmigrant Visa Applications' started by specifione, Apr 19, 2017.

  1. specifione

    specifione Junior Member

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    Hello Below is my current situation
    1) My h1b VISA(Stamping) ,Wife H4 VISA(Stamping) and EAD will expire in Aug
    2) My employer applied my h1b in premium(waiting for result)
    3)We are planning for out of country trip(mainly italy) 2 weeks in may(will be back in 3rd week)

    Need advice one below concerns/questions:

    Assuming i will get approval in time for my trip

    1) While leaving country do i need to surrender my new I94?
    2) while returning back to US,will i get new I94 based on new H1B approval notice validity or based on old visa stamping(till aug)?
    3) While returning back to US, does my wife gets new I94 based my new H1B approval notice validity or based on her old visa stamping(till aug)?
    4) if she is going to get new I94 with my new H1B validity is it better to apply EAD after coming back that way we can eliminate one more approval status or better apply h4+h4ead extensions now it self?

    thanks in advance
     
  2. hokirgrad

    hokirgrad New Member

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    we are in the same boat? Were you able to get clarification from somewhere else?
     
  3. specifione

    specifione Junior Member

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    I didn't get any response. Even though my extension approved i didn't receive approval copy(i797) yet. We decided to go ahead with our plan and worry about these after vacation and apply h4ead(if needed h4) after coming back to states.
     
  4. specifione

    specifione Junior Member

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    below is my experience, hope it may helps some one even though there is no guarantee your experience will be same as mine.
    i didn't get physical approval copy in time and got scanned copy in email 2 days prior to my return flight.
    1) While leaving country do i need to surrender my new I94? (This one i cant say for sure but i am guessing you need to surrender new I-94)
    2) while returning back to US,will i get new I94 based on new H1B approval notice validity or based on old visa stamping(till aug)? (i got based on new H1b Approval but till may (Officer said max he can give till that time)
    3) While returning back to US, does my wife gets new I94 based my new H1B approval notice validity or based on her old visa stamping(till aug)? (Same as point 2)
    4) if she is going to get new I94 with my new H1B validity is it better to apply EAD after coming back that way we can eliminate one more approval status or better apply h4+h4ead extensions now it self? (we applied after coming back)
     
  5. donisback

    donisback Guru

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    specifione likes this.
  6. specifione

    specifione Junior Member

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    sorry when i said h1b approval i meant I797 only. For some reason even though it has validity till Aug 2020 officer gave till only May 2020 saying that's max he can give. same for my wife too (she got 1 week lesser than mine).
     
  7. hokirgrad

    hokirgrad New Member

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    Thanks so much for the reply. it certainly gave me a ray of hope. the only thing different in my case is that i have already applied for h4 and EAD. and once we travel outside, my I-539 gets abandoned. We already have the approval notice of my husband's H1-B extension. If my I-94 gets the same validity as my husband's H1-B, then i think i dont need to worry about the i-539. The I-765 still gets adjudicated and it should ideally be based on my new I-94.. i can get the new H4 stamped when we travel to India in October.
     
  8. specifione

    specifione Junior Member

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    No problem..if it matters our POE is Washington DC
     
  9. hokirgrad

    hokirgrad New Member

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    thanks for the info. Our POE will be Orlando. Hopefully they are as nice as the DC officers.
     
  10. hokirgrad

    hokirgrad New Member

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    So, this is what happened with us. At the POE, we showed my husband's extension notice.. The officer asked if it was for both of us or just him. We said, just him. He said ok.. and he told me that you know that your visa is expiring soon (September). I said yes and i plan to get it renewed soon. So, he put the 2019 date stamp (same as the approval notice) on my husband's passport and 2017 (expiration date of my visa) on mine.

    We were in the process of making plans to get the visa renewed in Canada. Was checking everyday for available dates. But, also checking the case status website regularly. To my surprise, they approved both my I-539 and I-765. I-765 got approved on a friday and this monday they approved I-539 as well..
     
  11. JustMyself

    JustMyself New Member

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    Did you file the i539 and i765 before ur travel and they approved them instead of abandoning the applications? My spouse's h1 is approved while my i539 and i765 are still pending. My i94 expires next week along with my drivers license and ead. I'm thinking of getting my visa stamped in India in July if the approval does not happen by then. Only thing that is itching me is if my i765 would be considered abandoned if I left the country for 2-3 weeks.
     
  12. specifione

    specifione Junior Member

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    no didn't file I539 and I765 prior to travel, After coming back filed I765 with new I-94. we still have time till 1st week of Aug. Hoping EAD will come by then.
     
  13. hokirgrad

    hokirgrad New Member

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    yes, i did apply for I-539 and I-765 in April first week and we left for our vacation in the last week of May (long weekend). Both my applications were pending before we left and also after we came back. While the USCIS website does mention that I-539 will be abandoned once you leave US, but in my case, it was still adjudicated. My visa is valid till Sept 2017 so we were able to take a chance. Based on experience, i think USCIS will still adjudicate on your I-765. I had talked to few lawyers on avvo and everyone mentioned the same on I-765. That being said, i paid to consult a lawyer and he suggested that i cancel my vacation as it would affect the processing of my applications and that i would be questioned at POE about leaving US while I-539 is pending. I, of course ignored that advice and none of what he said happened. also, based on what i read everywhere, if you apply the two together (I-539 and I-765) with approved H1-b, I-765 status gets updated first (even though the USCIS website says otherwise) and the I-539 within a day. I am not sure, but you could do this research, i think you can continue to stay in US if the I-539 is pending. Good Luck!
     

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