Options to not leave country while H1B extension is denied and with expired I94

Suneetha_V · September 20, 2018, 6:13am

Hi,

My husband’s company applied for his H1-B extension in March, it got into RFE asking for additional proof to correlate his JD with his graduation subjects. We are a bit worried that if at all, the extension gets denied he will need to leave country immediately.
I’m on H1B visa and want to know whether is there an option for him to continue staying here if we apply for H4 prior to responding to RFE?

Any help is appreciated.

Thanks!

Anil_Gupta · September 20, 2018, 10:49am

Hi @Suneetha_V

Apply H1b to H4 COS before i94 expiry

You can apply for your husband’s H4 Change of status while in US and before i94 has expired.

Apply H4 visa stamp after i94 expiry

If his i94 has already expired, then he can go out of USA and get H4 visa stamped and then re-enter USA.