H4 extension in process for more than 4 months. Is my wife suppose to leave country after 180 days

USA H4
#1

Hi

We have filed for my h1b extension along with my wife’s h4 extension in September 2020. My extension was approved in December 2020 but there is no progress in my wife’s H4 extension progress we haven’t even received appointment for biometrics till date. California service center processing time for h4 extension is 17- 22 months so I do understand it will take time due to the current situation.
I94 expired in September 2020. Extension was filed before expiration.

My question is does she have to leave the country after 180 days (feb 2021) if we don’t get the approval status?
Will her stay be considered illegal after feb 2021(180days)?

This is something I heard from someone and I haven’t found any information related such anywhere. I was just aware that she is not suppose to leave the country while the extension process is still in progress.

#2

Your H4 spouse can stay in the US as long as the extension is pending since you filed extension before her current i94 expiry.

Don’t worry. Her status is legal. There is no such 180 day rule for this situation.

#3

Hello,

Similar Question I have applied my H4 extension + employment authorization on Jun26. My visa validity was September 3rd 2020 ( mean i applied before my i94 expire). My wife got approved for H1 but my H4 approvals still pending. it’s more then7 months since I applied for extension. On USCIS site it says currently May 21 cases are happening. My 180 days are expiring on 3rd march 2021. Right now I’m working with AD Agency what happen if I didn’t get my approval before march 03rd. Do I need to tell my employer about this (infect my company filed my H4) what happen to my job after march 3rd.

#4

Hi my case is little different. Was any one with below situation got h4 approval and stamping

My H1b got approved on Oct-29th-2020

So my status changed from f1 to h1 on Oct-29th

My employer forgot to apply h4 to my spouse and kid while filing my H1b. Are they still on f2 now or

Are they out of status now?

I filed H4 for them some where around in November 2nd week, But not yet received any receipt number from USCIS.

Any idea usually how many days USCIS takes to send receipt number for h4 applications

Will they get approval? Or is it better to go out of country and get stamped?

Any suggestions would be appreciated.

#5

They should be able to get H4 approval and the gap between F2 to H4 is not much.

Receipts are taking 6-8 weeks.

#6

Thanks for the response Anil. Are they fall under this 180 days rule? Do they need to leave the country if we do not receive any response from uscis within 180 days?

#7

It depends on the dependent i94 status. You have not mentioned i94 expiry dates.

#8

My h1b is approved with i-94 which is till Mar-2023

#9

My h1b is approved with i-94 which is till Mar-2023, could you please help me here? if they would be fine or needs to leave based on 180 days rule which will be by this April 30th.

#10

Its better to comply with 180 day rule as you did not file COS for your dependents timely.

#11

Hi Anil, because of the pandemic my husband was not able to travel out of the USA within 180 days period. He already crossed 200 days. But he travelled last month and luckily he was able to get his visa stamped. But here my question is, we filed a single change of status application to my kid and husband while the application is in processing he left the country now, what will happen to my kid’s application? is it invalid? what would be my necessary steps now?