My spouse h1b was filed before i94 expiration and it is under processing in normal mode and yet to receive approval.
Due to attorney’s mistake , My h4 extension was filed a day after i94 expiration with NPT ( Non Pro Tunc).
i94 expired on 3-FEB-2020
H4 extension filed on 4-FEB-2020 (Received by USCIS)
I have received h4 receipt notice and went for biometrics on 26-FEB-2020. Currently the status shows “Finger print were taken” at USCIS online.
In such case (NPT filed) ,
- Is there any limit on the maximum number of days to stay in USA legally.
- Will I accrue unlawful presence if my spouse h1b extension denied? If so , will there be any Ban ?
- What are my options to maintain lawful status ?
Thank you.
Kumar
2
- No, as long as they have given you receipt notice you are fine.
- No, you will not until the decision is made.
- You are now in something called as period of authorised stay with pending decision from USCIS.
Also, do update here how it goes after you get decision.
Read below
Thank you for your response. I will update about my case.
Pls clarify that should h4 dependent to leave the country before crossing 180days to avoid ban if h1 extension is pending for results.?