Can CBP change H4's I-94 expiration date with the transferred H1B I-797?

[David2012]

I was in H1B status with I-94 expired on 7/2013. Also my spouse's H4 I-94 expires on 7/2013.

Then, I changed my job recently and have a new I-797 with I-94 expiring on 8/2015.

My questions are as follows:

1. Can we go to the local CBP office to ask them to replace my spouse's I-94 with new expiration date 8/2015?

2. If CBP can't not revise my spouse's H4, can we go Mexico or Canada to re-enter US to get a new I-94? Our VISA stamps are based on the old company. Does it mean that we need to apply for a new H-1B & H4 VISA related to the new company in the US embassy for re-enter?

3. If we decide to file the extension of H4 to USCIS, when should I do this? My spouse's H4 I-94 expires on 7/2013, can I file the extension after 12/2012?

Thank you.

[pontevecchio]

1. No. But you can file for her H4 EOS based on your approved H1 petition and that will give her a new I94 with the 2015 date.

2. File her extension

3. Anytime before her current I94 expires.

Visa stamps are not company related.

[David2012]

I do find my previous company name and old H-1B petition case number on my VISA stamp. I don't know if there would be any problem by using the valid VISA with old company name and new I-797 approval notice to re-enter US.

If there is no problem, we can travel outside and re-enter US to get my spouse's I-94 with new expiration date as same as the new I-797.

Another question is that my previous company has revoked my old H-1B VISA after I transferred to the new company and got the new I-797. Is there any problem related to this situation when re-entering US?

Thanks a lot.

1. No. But you can file for her H4 EOS based on your approved H1 petition and that will give her a new I94 with the 2015 date.

2. File her extension

3. Anytime before her current I94 expires.

Visa stamps are not company related.

[pontevecchio]

" I don't know if there would be any problem by using the valid VISA with old company name and new I-797 approval notice to re-enter US."

Now you know. Any valid H1 visa which means facially valid can be used with the latest H1 petition or any H1 petition for the company you are coming in to work for.

You could travel and come back and she will get the new appropriate I94.

As regards the third part only crooks do not revoke the H1 visa of an ex employee as that is required.