Need advice on H4 status

[dtahiliani]

Hello Experts/Advisors,

 

Good morning. Hope you doing good.

 

Please help me with your input on my spouse case. Please let me know whether my spouse is out of status or in status.

 

Below are the Details : 

 

1. old passport expired :09/24/2019

2. Entered in USA with old passport  : 01/22/2019

3. I-94 granted till on old passport  : 09/24/2019

4. Visa approved till :08/2020

7: I-797 along with I-94 validity : 08/2020.

 

Note: On I-94 portal when checking against old passport it’s shows I-94 is expired(09/24/2019) as entry was granted till that day only. There is no record against new passport as she haven’t yet use or we haven’t been outside Usa.

 

[shekar11#]

23 hours ago, dtahiliani said:

Hello Experts/Advisors,

 

Good morning. Hope you doing good.

 

Please help me with your input on my spouse case. Please let me know whether my spouse is out of status or in status.

 

Below are the Details : 

 

1. old passport expired :09/24/2019

2. Entered in USA with old passport  : 01/22/2019

3. I-94 granted till on old passport  : 09/24/2019

4. Visa approved till :08/2020

7: I-797 along with I-94 validity : 08/2020.

 

Note: On I-94 portal when checking against old passport it’s shows I-94 is expired(09/24/2019) as entry was granted till that day only. There is no record against new passport as she haven’t yet use or we haven’t been outside Usa.

 

Online I-94 only reflects the correct dates if you travel outside USA. If you applied for extensions when you are in US then online system does not get updated. I hope you (H-1 I-797) and your wife (H-4 I-797) I-94 expiry is 08/2020. Then you are good to stay.

[User099]

23 hours ago, dtahiliani said:

7: I-797 along with I-94 validity : 08/2020.

Was this petition filed after she came into the country on 01/22/2019? If yes, then she is in status. 

[adshah84]

Is your visa was approved before travel? If yes she is out of status. 

[dtahiliani]

Hello All, Visa was already approved with i-94 till 2020 before she was in USA with old password with visa stamped till 2020.

Edited January 17, 2020 by dtahiliani

[User099]

On 1/17/2020 at 2:18 PM, dtahiliani said:

Hello All, Visa was already approved with i-94 till 2020 before she was in USA with old password with visa stamped till 2020.

You will have to talk to an immigration attorney asap. I think she has over stayed her visa and is illegal. But there are options to fix this, so better to talk to an attorney to see what they recommend (filing a nunc pro tunc or travel to get new I94 or anything else).

[dtahiliani]

Hello User099,

 

Visa and I-94 is valid till June 2020. How she is illegal ?

[User099]

On 1/25/2020 at 9:36 AM, dtahiliani said:

Hello User099,

 

Visa and I-94 is valid till June 2020. How she is illegal ?

Here is what I understood from what you said, correct me if I am wrong.

1. She was in US and applied for H4 extension

2. She received I797 approval notice with I94 till June 2020

3. She traveled to get visa stamped till June 2020 and while coming back got an I94 at POE which was valid till 09/24/2019

4. She applied for new passport and never traveling out of country.

Are these the sequence of events or am I missing anything?

Generally the latest I94 is the one which determines the status and her latest I94 has expired on 09/24/2019. That is why I asked your check with an attorney who will look at the actual paperwork and give you an answer. 

[dtahiliani]

Yes 

[Zodiac System]

Latest I94 is the new date set for "status".  Try going to your local CBP office with the documents and new passport and see if they will give you a new I94 date.  First call them(CBP) on phone and set an appointment.  Good Luck