H4 I539 valid but I94 on it expired

Recommended Posts


I have a strange situation. I am on H1B. After entering US in 2017, applied for extension for self (H1), spouse (H4) and child (H4) and got all petitions approved. H1B petition visa and I94 are valid till 12/29/2020 and 1/8/2021 respectively. However the H4 petitions for spouse and child visa is approved till 12/29/2020 but their I94 record got updated with 1/8/2020 instead of 1/8/2021 unlike the H1B petition. We have not realized this until it came up for extension filing. Are my dependents eligible for filing an extension. Employer says not possible. Could you please guide if there is any way to correct the I94 expiry date on H4 - I539 approvals or apply for extension. Are they out of status because of this? Appreciate quick responses. can I file for I485 for them now as I got current based on filing date of Oct 2020 visa bulletin?

Link to comment

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.