I-94 is expiring soon and Visa is valid

[hivisatrackit]

Hi Guys,

In January 2017, My Wife got H4 Visa stamped until March 2020. While entering US, CBP officer gave I-94 card valid until January 2020 (3 years max). Recently she got new H4 extension I-797 which has I-94 validity starts from March 2020 to March 2023. My wife's current I-94 expires in January 2020 though valid visa stamped until March 2020.

I have few questions.

1) Is there any problem if she stays in US though she has stamped visa in her passport which is valid until March 2023? There is 2 months gap between current I-94 (expires in Jan 2020) and new I-94 (starts in March 2023)

2) If she has to get new I-94, can she apply inside US without leaving country? or She has to leave the country and get new I-94?

3) If she can get new I-94 inside US, then can she apply near CBP office or she has to go to CBP office where she entered into the US?

Highly appreciated for your answers and please let me know if anybody has gone through same or similar situation.

[pontevecchio]

First, ignore the H4 visa. What were your H1 dates?

The very fact that she got an I94 with her extension is proof indeed that she is considered legal.

H4 is totally dependent on your status and there is no H4 petition per se.

[hivisatrackit]

4 hours ago, pontevecchio said:

First, ignore the H4 visa. What were your H1 dates?

The very fact that she got an I94 with her extension is proof indeed that she is considered legal.

H4 is totally dependent on your status and there is no H4 petition per se.

My H1 dates were fine, we went to abroad in January 2017 and got I-94 dates which were January 2017 to January 2020. Also I went to India in October 2017 and I got new I-94 until April 2020. My situation is very good, because my I-94 were overlapped and no issues. Where as my wife initial I-94 expires January 2020 and recently got new H4 I-797 says March 2020 to March 2023. Basically there is 2 months gap between new I-94 and current I-94. Regarding this matter my attorney reached out to USCIS and waiting for their reply. Meanwhile checking in this forum if anyone had this experience or not.

1) current H1 I-797 is March 2017 to March 2020

2) Recently applied for an H1 extension and approved dates are from March 2020 to March 2023.