JeevanKS Posted January 30, 2017 Report Share Posted January 30, 2017 Hi, My spouse had traveled to India( Sep 8th 2016) after our H1 & H4 visa extensions had been applied on Sep 2nd 2016. Previous H1/H4 petition/Visa was approved till Feb 12th 2017. While the extension was in the process, she came back to USA on October 31st 2016 and got i-94 at POE till Feb 12th 2017 as expected. Both of H1/H4 extensions got approved on December 22nd 2016 till August 16, 2019 and received approval notices with attached new i-94's till 08/16/2019 showing from 12/22/2016. Now the question is, does the i-94 with i797 will override the i-94 received at POE? or do we need to apply i539 again for extension of stay for her as i-94 received at POE will be expiring on 2/12/2017. Please reply if anyone has suggestions. Link to comment
srinivas_258 Posted January 31, 2017 Report Share Posted January 31, 2017 She needs to get Visa stamp. There is no overide concepts exists in POE. so talk to ur employer or company lawyer... u still have time before you go out of status.make an appointment with immigration lawyer and have clear clarification... don't listen to ur desi friends suggestions... Link to comment
pontevecchio Posted January 31, 2017 Report Share Posted January 31, 2017 The latest H4 extension approval is controlling . Link to comment
shekar11# Posted February 14, 2017 Report Share Posted February 14, 2017 On 1/29/2017 at 10:03 PM, JeevanKS said: Hi, My spouse had traveled to India( Sep 8th 2016) after our H1 & H4 visa extensions had been applied on Sep 2nd 2016. Previous H1/H4 petition/Visa was approved till Feb 12th 2017. While the extension was in the process, she came back to USA on October 31st 2016 and got i-94 at POE till Feb 12th 2017 as expected. Both of H1/H4 extensions got approved on December 22nd 2016 till August 16, 2019 and received approval notices with attached new i-94's till 08/16/2019 showing from 12/22/2016. Now the question is, does the i-94 with i797 will override the i-94 received at POE? or do we need to apply i539 again for extension of stay for her as i-94 received at POE will be expiring on 2/12/2017. Please reply if anyone has suggestions. No need. Her latest I-94 is expiring on 08/16/2019. You guys are good. Link to comment
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