I-94 Expired close to 1 year, H4 EAD and Visa valid till Jan 2019

[AR @ Aurora]

Hello All,

My H1 and I-94 Valid till Jan 2019. However my Spouse and Son I-94 expired 1 year by now due to their old Passport expiry and I come to know only when I was preparing their current H4 extension filing. Both of them have a valid visa till Jan 2019 and my Spouse got H4 EAD valid till 2019.

Now,

What's the possibility of my Spouse to continue her job, Mean while I will file for their I-539 to get the I-94 Fixed? Kindly guide.

[newacct]

I don't think it's possible to get an H4 EAD valid for longer than her H4 I-94 at the time she applied. Did she originally get an H4 extension of status (and therefore I-94) valid until 2019 and then she subsequently left and re-entered and got a shorter I-94 limited by her passport expiry?

[AR @ Aurora]

6 minutes ago, newacct said:

I don't think it's possible to get an H4 EAD valid for longer than her H4 I-94 at the time she applied. Did she originally get an H4 extension of status (and therefore I-94) valid until 2019 and then she subsequently left and re-entered and got a shorter I-94 limited by her passport expiry?

My current Visa extension till Jan 2019 was provided during 2016, based on the same I went to Indian and came back in August 2016 for a 4 weeks vacation. When we traveled my dependents passports had validity till 2017 August, Based on the same it looks they got I-94 period provided till passport expiry. But after coming back in 2017 I got new passports for them however fail to take a look at their I-94 assuming always their I-797 I-94 period which is Jan 2019. But in reality when we re-entered US at the POE the I-94 provided was only till August 2017 that had over ride the I-94 period in  I-797 document. 

Also once I came back I applied for H4 EAD and got approval till Jan 2019. Not sure how this was given so? But the answer is it was provided by the I-797 document and they don't really look at I-94 it looks.

Let me know your comments... 

[pontevecchio]

Now you have to get a lawyer involved to file a nunc pro tunc or forgiveness petition as they run the risk of a ban if the matter is not suitably settled. In any case get a lawyer involved.

[mano.k]

Hi, do you have any update? Iam in similar situation now..please share your experience.

Thanks in advance

[ravireddy288]

Hello ..Is there an update on this case? Was Nun Pro Tunc approved?