When to file H4 COS while H1B extension is pending - to stay in US in case of H1B denial

USA H4
1

My Spouse is on H1B visa, Her Visa is valid till Nov 7 , 2019 , Her employer filed extension in premium processing.She got RFE and need to reply RFE by Dec 26 2019.

I am on H1b and my Visa is valid till FEB 5 2020, My Employer Filed the extension last week in normal processing and it is in progress. I havent got the receipt number , It will take 3-4 weeks to get the receipt number as per my company’s internal process.

I want to apply H1B to H4 COS for my wife in the mean while as a backup plan for her H1B rejection.

I need some help on the i539 form

  1. Till what date i can wait to file the H4 filing assuming it will take some time for the mail to reach USCIS and i94 expiry date is 7 NOV 2019.
  2. Do I need to use my approved receipt( 5 FEB 2020) for the H4 filing assuming i will not get the current extension filed receipt number on time. What needs to be done once I get the receipt number and H4 is not approved till FEB 5 2020( My H1b Expiry date).
  3. If I get my current receipt number on time , Can i use the current h1b extension receipt number to file my wife’s H4. DO I need to mention my Current approved receipt number ( Dated 5 FEB 2020) also in the form.
2

You should aim to file H4 COS early enough to get receipt number before i94 expiry.

You can use your approved H1B receipt number or the pending one whichever is available

Sample H4 i539 is available here.

3

Thanks Anil …

Do i need to file my wife’s h4 again before 5 Feb 2020 in case I use the old receipt number now.

Do I need to get both of the h4 approved or Can I withdraw the 1st one. please guide on the process and complexity.

4

You will need to file another H4 if the current one is not approved before your H1B validity date.

Why would you withdraw the pending H4? You would just file one more extension for the period after Feb 2020.

5

Thanks Anil.Gupta.

Also while filing H4 , Do i need to get the receipt Date before by i94 expiry date or my Notice date should be less than i94 expiry date to be in legal stay.

How these dates are related to i94 expiry date ?

Will it be ok if my application reaches before i94 expiry date even if i get the receipt notice( receipt number) later after 7-10 days?

6

Hi @Mohit78

The receipt date is what will matter in all cases. Do not rely on notice date or your mailing date.
USCIS will only consider the date that they generated the receipt.

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