Nitesh Tadepalli Posted January 6, 2020 Report Share Posted January 6, 2020 I recently got an H1b amendment filed & approved and my I-797 and I-94 are valid till 09/01/2021. My wife is on H-4 visa and her I-797 and Visa stamp are valid till 07/01/2020 but when we got into the country after an international trip, the officer gave her I-94 valid till 09/01/2021 based on my approved I-797.* So do we need to apply for her I-539 extension of status as her I-797 is expiring in 6 months? or is having a valid I-94 sufficient?* Her H-4 EAD is expiring on 07/01/2020 as well. If we are not applying for I-539 extension of status, can she use the valid I-94(till 09/01/2021) to get EAD renewed(I-765)? Quote Link to comment
pontevecchio Posted January 6, 2020 Report Share Posted January 6, 2020 There is no entity called an H4 petition. H4 is a status based on valid H1 status of the spouse. Her I94 will always be based on your H1 petition approval duration. 1. NO 2. Yes Quote Link to comment
shekar11# Posted January 7, 2020 Report Share Posted January 7, 2020 On 1/6/2020 at 12:18 PM, Nitesh Tadepalli said: I recently got an H1b amendment filed & approved and my I-797 and I-94 are valid till 09/01/2021. My wife is on H-4 visa and her I-797 and Visa stamp are valid till 07/01/2020 but when we got into the country after an international trip, the officer gave her I-94 valid till 09/01/2021 based on my approved I-797.* So do we need to apply for her I-539 extension of status as her I-797 is expiring in 6 months? or is having a valid I-94 sufficient?* Her H-4 EAD is expiring on 07/01/2020 as well. If we are not applying for I-539 extension of status, can she use the valid I-94(till 09/01/2021) to get EAD renewed(I-765)? * So do we need to apply for her I-539 extension of status as her I-797 is expiring in 6 months? or is having a valid I-94 sufficient? Not needed. She is in status till 09/01/2021 based on her latest I-94. * Her H-4 EAD is expiring on 07/01/2020 as well. If we are not applying for I-539 extension of status, can she use the valid I-94(till 09/01/2021) to get EAD renewed(I-765)? Yes and you can do it 180 days before. So apply as soon as possible. You are already in the 180 day renewal window. Quote Link to comment
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