How to Apply for an H4 Extension When Your Spouse’s H1B Extension is Pending

Many US visa applicants face the challenge of applying for an H4 extension while their spouse's H1B extension is still pending. This article will guide you through the steps to apply for an H4 extension either together with the H1B extension or separately, providing you with the necessary information and documents.

Understanding H4 and H1B Extensions

H1B extension is an extension of the initial validity period of an H1B visa. H1B visa holders typically have a 6-year validity period (stretched to 8 years with grace periods). The H4 extension is a companion visa that allows spouses of H1B visa holders to work during their spouse's extended stay in the US.

Conditions and Requirements for H4 Extension

To apply for an H4 extension, you must meet certain conditions. Firstly, your spouse must already hold an H1B visa or have their H1B extension application pending. Secondly, you must provide valid H1B filing documents, including the H1B receipt number and a valid I94 record. Your employment or intention to work must also be legitimate, supported by an employer or a valid job offer.

Application Process for H4 Extension

The application process for an H4 extension can be completed in two ways:

Application with the H1B Extension

In many cases, you can apply for an H4 extension along with the H1B extension. This method allows for a streamlined application process since you can combine both applications in one petition. If your spouse's H1B extension is granted, your H4 extension will also be automatically approved, assuming you meet all the eligibility criteria. However, it's essential to ensure that your joint application is submitted before your current H4 status expires to avoid any interruption in work authorization.

Application Separately with Valid I94 and H1 Receipt Number

If you choose to apply for an H4 extension separately, you can do so with a valid I94 record and an H1 receipt number. This is particularly useful if your H1B extension is pending or if you want to separate your visa application process for personal or professional reasons. Here are the steps to follow:

Submit a Form I-765, Application for Employment Authorization, to the USCIS (United States Citizenship and Immigration Services). Attach a copy of the H1B petition or receipt number and a valid I94 record to your application. Pay the required filing fee. Submit your application either in person at a USCIS office or through the mail.

Documents Required for H4 Extension Application

To successfully apply for an H4 extension, you must provide the following documents:

Completed Form I-765 and application fee. A copy of your spouse's H1B filing or receipt number. A valid I94 record. A copy of your current H4 visa or an expired H4 visa with a passport dating back to the time you were granted H4 status. A valid passport. Proof of your relationship to your spouse ( marriage certificate).

Processing Time and Status Check

The processing time for an H4 extension can vary. Generally, it may take up to 90 days for a decision. However, expedited processing may be available for an additional fee. During the application process, you can use the USCIS case status tool to track the status of your application.

Filing I-94 Validity and Job Offer Dependency

Before applying for an H4 extension, ensure that your I94 record is valid. Your I94 is a temporary entry permit and serves as the date you entered the US. Your H4 extension application will only be approved if your I94 is still valid. Additionally, your application for an H4 extension will depend on the validity of the job offer from your spouse's employer. If the job offer is no longer valid, your H4 extension application may be denied.

Conclusion

Applying for an H4 extension when your spouse's H1B extension is pending can be challenging, but it is not impossible. Whether you choose to file with your spouse's H1B extension or separately, it is crucial to follow the appropriate application process and ensure all required documentation is provided. By familiarizing yourself with the requirements and procedures involved, you can streamline the process and ensure a smoother transition.

For further assistance and detailed guidance, consider consulting with an experienced immigration attorney or USCIS representative.