I am in h4 pending status and my husband’s H1B will be revoked soon. Am I still legally stay in the 60 grace period until he find a new job to submit a new O3 application? and I am more worried that I will be unlawful presence since the date ( April, 2021) that I applied for my H4. please help!
Being a H4 dependent you get the same grace period as the primary H1B which is 60 days at the discretion of USCIS.
You will not accrue any unlawful presence as you had applied for H4 extension in a timely fashion and when your spouse H1B was still valid. The unlawful presence will start after 60 days of the H1B being withdrawn by the employer and if the beneficiary is not able to find another job within the 60 days period.
In case of any doubts consult your immigration lawyer.
Thanks so much for your reply. A follow up question: since I haven’t been granted H4 status, with a pending status, am I able to file a O3 application? Or if USCIS Denied my h4 due to the revoke, can I still apply O3 in US within 60 days grace period? Or I have to travel back to home country? Thanks a lot for your help!
You should be okay to apply for O3 COS along with your husband’s O1/O2 if applied within the 60 days grace period or while your husband’s H1B is still valid and he applies for O1/O2.