H4- I94 extension


kuntal

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Hello Guys,

I have a question for my spouse H4 extension. 

Here is the situation:

1. My current H1 & H4 was valid until Jan-2017.  So we applied an extension on Aug-2016 and got the approval for H1 and spouse H4 extension  on Sept.2016 which is effective from Feb,2017 until Jan.2020

2. Now we traveled to India on Nov-2016 and came back to US on Dec-2016. While coming coming back my spouse H4/I94 got extension until Jan-2018 because of her current passport was expiring on Jan-2018.

Now I approached our immigration dept in our company this month for her extension, but they said "As your spouse's H-4 extension took effect February 2017 after her entry to the U.S. in December 2016, this is her current I-94. This is despite the I-797 issuance date which is prior to December 2016. Her status expires in 2020 along with yours." . As a result its not required to file an extension of H4, 

is this true? 

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1 hour ago, kuntal said:

Hello Guys,

I have a question for my spouse H4 extension. 

Here is the situation:

1. My current H1 & H4 was valid until Jan-2017.  So we applied an extension on Aug-2016 and got the approval for H1 and spouse H4 extension  on Sept.2016 which is effective from Feb,2017 until Jan.2020

2. Now we traveled to India on Nov-2016 and came back to US on Dec-2016. While coming coming back my spouse H4/I94 got extension until Jan-2018 because of her current passport was expiring on Jan-2018.

Now I approached our immigration dept in our company this month for her extension, but they said "As your spouse's H-4 extension took effect February 2017 after her entry to the U.S. in December 2016, this is her current I-94. This is despite the I-797 issuance date which is prior to December 2016. Her status expires in 2020 along with yours." . As a result its not required to file an extension of H4, 

is this true? 

Best thing to be 100% safe is renew the passport and cross border and come back before Jan 2018 so that you get a fresh I-94.

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