Does the USCIS Consider the Postmark or Receipt Date for Visa Extensions?

Question from nlv, Does the USCIS Consider the Postmark or Receipt Date for Visa Extensions?

Answer from AI:

When you’re on an H4 visa in the United States and you’ve applied for an extension through Form I-539 for your visa and Form I-765 for an H4 Employment Authorization Document (EAD), understanding the timing and potential for out-of-status issues is crucial. The concern about whether the U.S. Citizenship and Immigration Services (USCIS) considers the date your application was mailed or the date they receive it is common, especially when the filing date is close to the visa expiration date.

Key Consideration: Postmark Date vs. Receipt Date

The USCIS generally considers the date of the postmark on your application package when determining if you have filed your extension request on time. This means that if you sent your I-539 and I-765 applications before your visa’s expiration date, you should not be considered out of status, even if the USCIS receives the applications after the expiration date.

What You Need to Know:

• Timely Filing: For visa extensions and changes of status, the timely filing of your application is critical. As long as your application is postmarked before the expiration date of your current status, USCIS considers the application to have been filed on time.
• Automatic Extension: In some cases, filing for an extension on certain visas, including H4, allows for an automatic extension of your stay in the U.S. while your application is pending. This is often referred to as “period of authorized stay.”
• Proof of Timely Filing: It’s important to keep proof of when you mailed your application, such as a receipt from the courier service or a certified mail receipt. This documentation can be crucial if you need to prove your application was filed on time.
• USCIS Processing Times: Be aware that USCIS processing times can vary, and having your application considered as filed on time does not necessarily mean it will be processed before your current visa expires. However, you are generally not considered out of status while your timely filed extension application is pending.

Next Steps and Legal Advice

If you’re concerned about your status or if your situation has complexities not covered here, consulting with an immigration attorney can provide personalized advice. Immigration laws and policies can change, and an attorney can offer the most current guidance and help navigate potential issues.

For general information, the USCIS website is a valuable resource. You can find more about Form I-539 and Form I-765 directly on their respective pages.

Conclusion

In summary, for H4 visa holders filing for an extension or an EAD, the postmark date of your application is crucial. Ensure your application is mailed before your current visa expires to avoid out-of-status issues. Keep evidence of when you mailed your application and monitor your application’s progress through USCIS channels. For complex situations or if you encounter issues, seeking legal advice is recommended.