I-94 expired but H4 visa is valid.


mehtanitin

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Dear Sir,

 

Visa and passport has validity till june 2016 but i94 has expired in june 2014.

 

Case:

I am on H1B visa and have entered in US on 12April 2014 along with my wife and daughter (H4 visa) , We all got visa expiring on 15 june2016. but got different i94 expiry dates. they gave me i94 expiring on 15june 2016 as same as my passport expiration date  but 15 June 2014 to my wife and daughter.

 

I have noticed this difference now when I am submitting my case for H1B extension thru my employer.

My employer is unable to file the case for my dependents due to their I-94 status, and since its more then 365 days I am really worried about its consequences.

 

It happened in ignorance as dates on my passport, visa validity and my I-94 was same 15june 2016, I have not realized that POE has given them different I-94 expiration dates which is 15june2014.

 

Passport of the my daughter and my wife is expiring in dec2018.

 

 

Kindly Advice.

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  • 1 year later...

Hi 

I got h1b and my wife got h4 in 2013. After that my visa got transferred to US employer when I am in India got visa from 2015 mar to 2017 mar. With that visa I travelled to US in jun2015. 

My wife travelled with old visa valid till sep15 2016 and my latest i797 valid till march2017. During at POE she got her i94 till sep15 2016. But we didn't realize it. My employer asked the documents to file my h1extension in January 2017.

At that time he told that my wife's i94 got expired 3.5 months back. Immediately attorney filed her h4extension with my h1 extension at a time.

we got our extensions. There a big problem occurred she got her i94 extension valid from mar 18 2017. At present she don't have i94.

The gap between sep 15 2016 ( expired i94 date) and mar18 2017( new extended i94 valid from date) is 184 days. What to do now??

can we go and correct in CBP office ??

plz kindly advise....

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  • 1 post

Dear Sir,

 

Visa and passport has validity till june 2016 but i94 has expired in june 2014.

 

Case:

I am on H1B visa and have entered in US on 12April 2014 along with my wife and daughter (H4 visa) , We all got visa expiring on 15 june2016. but got different i94 expiry dates. they gave me i94 expiring on 15june 2016 as same as my passport expiration date  but 15 June 2014 to my wife and daughter.

 

I have noticed this difference now when I am submitting my case for H1B extension thru my employer.

My employer is unable to file the case for my dependents due to their I-94 status, and since its more then 365 days I am really worried about its consequences.

 

It happened in ignorance as dates on my passport, visa validity and my I-94 was same 15june 2016, I have not realized that POE has given them different I-94 expiration dates which is 15june2014.

 

Passport of the my daughter and my wife is expiring in dec2018.

 

 

Kindly Advice.

 

  • JoeF     5

  • JoeF
  • Members
  • 16,046 posts

The visa is an entry document, it has no meaning when in the US.

Only the I-94 matters when in the US.

You need to talk to a lawyer and probably file nunc pro tunc.

 

  • 21,260 posts

Your dependents are looking at a ban to be in US. Talk to an attorney from Murthy law firm today about nunc pro tunc option.

 

  • 1 post

 

Posted 18 hours ago (edited) · 

Hi 

I got h1b and my wife got h4 in 2013. After that my visa got transferred to US employer when I am in India got visa from 2015 mar to 2017 mar. With that visa I travelled to US in jun2015. 

My wife travelled with old visa valid till sep15 2016 and my latest i797 valid till march2017. During at POE she got her i94 till sep15 2016. But we didn't realize it. My employer asked the documents to file my h1extension in January 2017.

At that time he told that my wife's i94 got expired 3.5 months back. Immediately attorney filed her h4extension with my h1 extension at a time.

we got our extensions. There a big problem occurred she got her i94 extension valid from mar 18 2017. At present she don't have i94.

The gap between sep 15 2016 ( expired i94 date) and mar18 2017( new extended i94 valid from date) is 184 days. What to do now??

can we go and correct in CBP office ??

plz kindly advise....

Edited 18 hours ago by Chanduuuu
 
 
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