H4 Extension Biometric Experience 2019 Archive

USA
,
21

Thanks for your response Anil.
I got an offer from Employer B , he filed H1 b transfer and H4 extension form I-539 on 04/16 he sent the check $370 only USCIS returned the H4 application. For not sending the check $88 for Biometric. H4 I-94 is already expired. I’m trying to contact the attorney but can she stay in US as her I-94 is expired?
Can we reserve the application?

Please confirm.

22

H4 cannot stay in US after i94 expiry. Infact, now, you cannot even file the H4 extention as she does not have a valid status as per the information you have provided.

23

Hi,
I got my H1B transfer approval on May-21, Now I got H4 Biometric for my spouse and kid request on June-6. How long USCIS will take to approve the H4 Applications. Also my spouse is on H4EAD. My last day at current employer is June-7. Can he still continue his work on EAD after June 7 ? Please help me . I am very confused.

24

At this time, The H4 approval is taking more than 20 days after Biometric.

If your spouse’s H4 EAD is valid, she can continue working even when you join the new employer.

25

Thank you so much Anil. My spouse has valid EAD and is working at the moment. So it’s fine for him to work continually. My last day at my current employee is June -7 and I am planning to join new employer by Jun-24. What would be my status from June8 - June23. My H1B transfer has been approved with new employer.
You are a great help to the community.
Appreciate you.

26

Hi @rashimahajan
Your status would be considered ‘out of status’ as you are not working on H1B between June 8 to June 23.

My suggestion is to join immediately on June 8 or next working day to avoid any issues later.

Normally, USCIS does not make any bih issue of the small gap like 1-2 weeks but you never know how it may be interpreted later as USCIS’s interpretation rules can change anytime at their own discretion.

The H1B 60 day grace period rule does allow up-to 60 days grace but it clearly says that the circumstances should be out of control of the H1B employee.

27

Hi Anil,

Do you have any update on any h4 or H4ead approval case after biometric? I had my biometric on 14th May and my employer is waiting for me to come back, I’m not sure how much long I can put my job on hold. Any positive new will be helpful. Heard from other forums that one case of h4 is approved after 20days of biometric(user Ram). Do you any idea?

Thanks
Deepa

28

Hi @Deepakansal

The same user Ram reported to us as well about his H4 approval but it was NOT confirmed.

Many users reported he did NOT get H4 approval and he has himself said that he was mistaken.

We have a large group of H1B and H4 people on our Facebook and WhatsApp groups and no one has reported any H4 approval after Biometrics yet.

So, H4 and H4 EAD are being processed in regular queues.

29

Thanks very much for the response Anil. Do you have any idea what is the regular queue duration as of now? Also, Can you please add me to the whtspp grp so I can be informed!

Thanks

30

All our whatsApp group join links are available at the bottom of our blog page here:

31

Hi Anil,

My H-1 extension premium processing is currently under process. I have received a mail from USCIS today requesting for my spouse Biometrics Appointment. Appointment date: 06/18/2019. My spouse travelled to India this week. Could you please help me out with possible options to deal with the current scenario.

Thanks a lot in advance. Awaiting for your reply.

Regards,
sri1

32

Hi @sri1

I do not understand why you applied for H4 extention when your spouse had plans for travel to India?

There is no use of applying H4 extention if you travel. She will anyway need the H4 visa stamp to enter US again.

Her extention will anyway be denied or approved without a new i94 as she has stepped out of US.

You can reschedule the Biometric appointment but the extention still has chances of RFE or denial.

33

Thanks for the reply @Anil_Gupta.

My wife had to visit due to an unavoidable circumstance. H-4 visa stamp is valid till oct 2019. Could you let us know if we can reschedule the biometrics apptmt at us consulate location in India. Will this work out ? What is the best alternative to avoid the chances of RFE or denial. Appreciate for your time and reply.

Regards,
Sri1

34

Hi @sri1

Biometric cannot be scheduled in India as this is scheduled by USCIS.
Fingerprints process in India is handled by Department of State and they do not share data with USCIS as per my information.

You can try re-scheduling the Biometric appointment within US based on when your wife is coming back and hope that USCIS does not issue RFE.

35

Thanks for the reply @Anil_Gupta.

I see in I-539 instructions, the following paragraph which says,
Biometric Services Appointment: USCIS may require that you appear for an interview or provide biometrics (fingerprints, photograph, and/or signature) at any time to verify your identity, obtain additional information, and conduct background and security checks, including a check of criminal history records maintained by the Federal Bureau of Investigation (FBI), before making a decision on your application or petition. After USCIS receives your application and ensures it is complete, we will inform you in writing if you need to attend a biometric services appointment. If an appointment is necessary, the notice will provide you the location of your local or designated USCIS Application Support Center (ASC) and the date and time of your appointment or, if you are currently overseas, instruct you to contact a U.S. Embassy, U.S. Consulate, or USCIS office outside the United States to set up an appointment.*

Is this applicable for the current case or only for those who are going to apply from overseas ?

Thanks,
@sri1

36

Hi @sri1
As per my information, USCIS has to choose the overseas option and not you. You call USCIS and ask if they can do it for you.

As far as I know, it won’t be allowed.

37

Thanks for the quick info @Anil_Gupta.

38

Hi @Anil_Gupta,

I was just unclear about a question in the discussion thread.

Can my wife travel back to USA with the existing H4 visa stamp valid till Oct’19 or does she need a new stamp ?

For rescheduling the biometrics apptmt, do you know the maximum duration USCIS will give us. My H-1 premium processing is currently under process.

Thanks again for all the clarifications. Appreciate it.

Thanks,
@sri1

39

Hi @sri1

Your wife can enter US using existing valid H4 visa stamp and show your approved H1B extention i797 at port of entry to get extended i94.

I think you can choose your dates for Biometric appointment re-scheduling. I am not sure if there is any guidance on how many days you have.

40

Thanks a lot for the quick info @Anil_Gupta

1 Like