Q: Should I submit I-290B if submitting new I-539 for H4?
On August 12, 2024, I submitted Form I-539 to extend my legal status, based on my husband's H1B visa, which was also in process at that time. My I-94 expired on September 30, 2024. Since the submission, until February 26, 2025, I've been waiting for the response. My husband received H1B approval on January 15, 2025, but his project ended on February 1, causing his H1B status to be "canceled," starting a 60-day grace period. My H4 extension was denied, and I received the denial notice on February 26, with a 33-day period to file a motion. Now, my husband has a new job offer, and the company plans to submit Form I-129 and "reinstall" his status. We intend to submit my I-539 concurrently to restore my H4 status. Should I submit Form I-290B before the 33 days if we're going to submit a new I-539 as well, and is my status currently unlawful?
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A:
Your situation is challenging given the timeline and changes in your husband’s status. The denial of your H4 extension has likely created a gap in lawful status, which means you could be considered out of status until a new petition is approved.
Filing Form I-290B within the 33-day period might allow you to contest the denial and preserve your appeal rights. At the same time, submitting a new I-539 concurrently with your husband’s updated petition could help restore your H4 status once approved.
Until the new petition is processed, the period following the denial may be viewed as a lapse in status. Reviewing the instructions for both forms and weighing the timing of each filing will help you decide on the best course of action.
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