Child H4 has different expiration date

[tdsm]

Hello,

I and my wife both have H1B with different expiration dates. My child's H4 application was filed originally with my wife. My wife's current H1B is expiring in mid-April 2013 and her employer is now submitting her H1B extension so that the new visa is valid until August 31st 2014 (when her 6 years long H1B completes). But my child's H4 expiration date is expiring in June 30, 2014. Is it necessary to apply for child's H4 for only last two months of extension (July, August 2014) to match with mother's? H4 dependent visa with expiration date not matching with that of mother's H1B (by two months in this case) - will that be an issue in the future especially to get the child's change of status through I-485 during green card process? A valid H4 visa with expiration date 2 months prior to H1B's - will that still be a legal status for the child until the expiration of H4 on June 30, 2014?

Note: We recently traveled to India and while coming back the child's I-94 in passport in the airport got date until mid-April 2013 (like her mother) although her I-94 in H4 paperwork that was issued spring 2012 is valid until June 2014.

Thanks very much for your time!

[pontevecchio]

Your post is confusing. Basically file H4 extension for your daughter a couple of months before the I94 expires.

[tdsm]

Thank you for your reply and sorry for the confusion. Just a quick question. I94 on her H4 paper expires on 30 June 2014. But her passport has I94 attached (from the airport) with expiration date 14 April 2013. Should we ignore this and consider the one on H4 visa document?

[t75]

She must leave before the date on the latest I-94 or be illegally present. Did she enter after receiving the H4 approival document? Visa date is only for entry.

[pontevecchio]

H4 is a status. H4 extensions are status extensions and do not involve a H4 petition. The Status extension she got till June 30, 2014 is nullified by her travel and her latest I94 is controlling. Hence file your daughters H4 extension this month.

[tdsm]

Thanks everyone for suggestions. We have filed our daughter's H4 extension last week.