H4 extension rejected due to documentation error and I-94 validity for 5 days only


senthil2006

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Backgroud: My green card is in progress (EB2) and have current valid visa till July-02-2018. When my family came back from vacation Sep-11-2017. My wife got the I-94 date till her passport valid date of Jan-22-2018 and my daughter got i-94 till current visa end date of June-2018. I have applied the H4 extension for my wife and daughter after wife renewed her passport. My company filed the H4 extension. Yesterday got the mail from immmgration sayting that H4 extension rejected due to documentation error. In i-539 form, number of people question answer is wrong (it supposed to be 2 but 1) and mentioned that I can resubmit the extension after correcting this. My company said you should do it yourself. Hence I need some help and having below questions.

1. Since we don't have much time and even I resubmit the h4 extension next week, i am not sure if it will reach there befor my i-94 validity date and even after the mail package reached, not sure when they open the package and enter into system on the same day. In that case, not sure if i get the receipt number before in jan-22 (current i-94 date). Hence, Can my wife is legally allowed to stay here without receipt number?

2. What are the options have in this situation? I don't want my GC is screwed up with this.

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On 1/14/2018 at 6:27 PM, senthile said:

Backgroud: My green card is in progress (EB2) and have current valid visa till July-02-2018. When my family came back from vacation Sep-11-2017. My wife got the I-94 date till her passport valid date of Jan-22-2018 and my daughter got i-94 till current visa end date of June-2018. I have applied the H4 extension for my wife and daughter after wife renewed her passport. My company filed the H4 extension. Yesterday got the mail from immmgration sayting that H4 extension rejected due to documentation error. In i-539 form, number of people question answer is wrong (it supposed to be 2 but 1) and mentioned that I can resubmit the extension after correcting this. My company said you should do it yourself. Hence I need some help and having below questions.

1. Since we don't have much time and even I resubmit the h4 extension next week, i am not sure if it will reach there befor my i-94 validity date and even after the mail package reached, not sure when they open the package and enter into system on the same day. In that case, not sure if i get the receipt number before in jan-22 (current i-94 date). Hence, Can my wife is legally allowed to stay here without receipt number?

2. What are the options have in this situation? I don't want my GC is screwed up with this.

Senthil,

It is a very minor issue.  Instead of wasting time, just send the edited application in overnight shipping.  It will reach USCIS on time. and they will usually record the received date as the notice date.  So don't worry. 

The other option is, if your wife has H4 visa in her old passport, then cross the border to either Canada or mexico and enter the USA with a new I-94 validity dates. Then your wife status will update immediately and you don't have to send any application to USCIS.

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