Contents
- Can I stay in the US while my I-539 is pending?
- Can you stay in US while change of status pending?
- Why is USCIS taking so long 2021?
- How long does it take for H4 extension approval after Biometrics?
- Can I travel to India while H4 extension is in progress?
- When H4 premium processing will start?
- Can I apply for H4 EAD while H4 extension is pending?
- Can H4 extension be denied?
- What is the 240 day rule?
- Can I work when H1B extension is pending?
- Can I apply for H1B while my H4 is pending?
- What happens if I leave the US before my I-539 Application to Extend status is approved?
- Can you travel to the US if your visa expires in 6 months?
- Can I stay in US while waiting for green card?
- Conclusion
Can I travel while my H4 EAD is being processed? While your single H4 EAD application with USCIS is pending, you are free to travel outside of the country. If your H4 COS or an extension is ongoing at the same time as your EAD application, your H4 EAD may be refused. 05.09.2021
You might also be thinking, How long does it take to process H4 extension?
Case Type Service Processing Time Change of Status(COS) to H47 Months – 13.5 Months – 13.5 Months – 13.5 Months – 13.5 Months – 13.5 Months – 13.5 Months – 1 1st of March, 2021 H4 Extenders 10.5 Months – 7 Months 22nd of May, 2021
Similarly, Can I stay in US while waiting for H4 extension?
H4 dependents are allowed to remain in the United States while their H4 application is pending with USCIS, even after their i94 has expired for 240 days. 19.05.2021
But then this question also arises, How can I expedite H4 extension?
Make an EAD expedite request by contacting USCIS at 1-855-USCIS-1-855-1-855-1-855-1-855-1-855-1 (recommended). To talk with a Customer Service Representative immediately, phone 1-2-6-1-1. They are always altering the selections, so you should keep trying.
Is there premium processing for H4 extension?
No, H4 does not have a premium processing option. Only H1B visa holders are eligible.
How long can H4 stay while extension is pending?
Legally, H4 may remain for up to 240 days after the i94 expires. This is also true if you applied for an extension before your i94 expired and have yet to get a response. USCIS also states that allowing you to remain in the US beyond that 240 days is entirely at their discretion.
Related Questions and Answers
Can I stay in the US while my I-539 is pending?
What Happens If My Form I-539 Is Pending But My I-94 Is Already Expired? You may remain in the United States for 240 days if you applied for an extension before your I-94 expired and your application is still being processed. 22.03.2021
Can you stay in US while change of status pending?
If you apply for a Change of Status (COS) in a timely way with US Citizenship and Immigration Services, you will be able to stay in the United States while your case is being processed (USCIS).
Why is USCIS taking so long 2021?
The average duration across all Field Offices is roughly 19 months as of November 2021. The USCIS office closures caused by the COVID-19 outbreak are mostly to blame for the backlog.
How long does it take for H4 extension approval after Biometrics?
After taking your fingerprints, it usually takes 15-30 days for them to be processed. After biometrics, an H4 EAD might be authorized in as little as 15 days. H4 extension and H4 EAD are both handled at the same time. The same holds true for L2 EAD as well. 02.12.2021
Can I travel to India while H4 extension is in progress?
Travel It is permissible to travel while an H4 EAD is pending. H4 EADs may get RFEs to verify H4 status by submitting fresh i94s if an H4 extension or COS is pending. Is it possible for me to appear for H4 Extension Biometrics in India? At present moment, the H4 extension biometrics may only be taken in the United States. 05.09.2021
Processing time ranges from 15 to 45 days. Despite the fact that the law was enacted in Congress, premium processing for H4 EADs is not currently accessible (2020). USCIS will not be allowed to begin premium processing for H4 and H4 EAD until September 30, 2024, according to the final regulation issued on March 29, 2022. 30.03.2022
Can I apply for H4 EAD while H4 extension is pending?
Yes, you may apply for an H4-EAD if you have a pending H1B/H4 extension.
Can H4 extension be denied?
Because an H4 visa is conditional on the sponsor’s visa, it expires when the sponsor’s visa does. While this is not a green-card kind of nonimmigrant visa, if you meet the limits and occupation criteria, you may be eligible for an adjustment of status.
What is the 240 day rule?
When a company promptly submits a petition to extend an employee’s H-1B, H-1B1, O-1, E-3, or TN status, the employee may continue to work for the sponsoring employer for an extra 240 days beyond their existing status termination date. The 240-day rule is what this is known as.
Can I work when H1B extension is pending?
While the request for extension of stay is pending with USCIS, an H-1B foreigner may continue working for the same employer for a period of up to 240 days after the expiry of the preceding term of approved stay. 274a of the Code of Federal Regulations.
Can I apply for H1B while my H4 is pending?
While my H4 COS is waiting, I’m filing an H1B petition. This is a complicated situation, however as long as your i94 is still valid, you may file H1B and begin working right away. Your status becomes “period of authorized” stay when your i94 expires, and your H4 COS application becomes your bridge application. 16.01.2019
What happens if I leave the US before my I-539 Application to Extend status is approved?
If you leave the United States before a decision on your application to extend is made and intend to return, please save a copy of your application as well as the receipt notification to exhibit to the Immigration Inspector when you return to the United States. You may be refused entrance if you overstay your visa.
Can you travel to the US if your visa expires in 6 months?
A visa must be valid at the time a traveler applies for admission to the United States, but the visa’s expiration date (validity period/length of time the visa can be used) has no bearing on the length of time a temporary visitor may be allowed to stay in the United States by the Department of Homeland Security.
Can I stay in US while waiting for green card?
Some persons may remain in the United States for the duration of their application for a green card. Others must leave the United States, either to wait for a visa (which may take years in certain situations) or to attend an immigrant visa interview, which is the last significant stage in the immigration process.
Conclusion
The “travel while i-539 extension pending” is a question that has been asked many times. The “i-539” is an immigration form and it can be filed for certain individuals who want to travel outside the United States when their H4 visa is pending.
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The “h1 approved h4 extension pending” is a question that has been asked many times before. The answer is yes, you can travel outside the US when your H1 Visa extension is pending.
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