Question about i-539 and H4 visa stamp

[gautam29]

Hi guys,

I have a h1b approval until April 2019...My wife has an i -539 (expires 4/30/2018 as I can see on top RHS of the form).  She is on H4. We both don't have a visa we just have my h1b approval...

She is going for Visa stamping next month and my employer sent me her i-539, which is

1. i - 539 expired on 4/30/18 (should we apply for a new one before her visa stamp ) ?

2. i -539 has her old passport details.. she got her passport renewed later 

Question: Is there anything like "applying" for a new i-539 at this stage before her stamping, I am a bit concerned that her current i-539 expired already and so if she can take it to the visa stamping due next month..

 

[pontevecchio]

Her I-539 is in no way connected to her getting the H4 visa. Why did you not extend her H4 status?

As long as one does not overstay the I94 by 6 months, one should be able to get the visa. Her H4 status is your responsibility through and through.

Forget her I-539 or whatever. When does her previous I94 expire or when did it expire?