H4 Petition filed with H1B transfer has future validity dates


visu2706

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Posted

I'm on H1-B and recently moved to a new employer. I applied for my spouses H4 transfer along with H1-B transfer and was approved.

But her approved H4 petition has a validity date beginning 08-OCT-2018.

Her earlier H4 petition was valid from 28-JUL-2016 through 27-JUL-2019 which is same as my earlier H1B petition. During recent entry to US, she got a I-94 valid till her passport expiry date 07-OCT-2018. I believe USCIS approved this new H4 transfer as extension of stay which I assume as incorrect.

I need advice to know if she is still in a valid status and can stay in US. How to reach USCIS if there is an issue? Please let me know at the earliest. Thanks.

Posted

All you need to do is file her H4 extension up to 6 months before I94 expiry in October,2018. She should have renewed her passport by then. A simple matter. Obviously H4 status extension was wrongly issued from 2018 instead of 2016. When does your H4 I94 start for the latest employer?

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