H4 to H-1B I-94 validity?


bayarea9

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Posted

Hello Guys

So here is the issue that I am confused about.

Status:

I am on H1B and my visa is valid till 2015 April.

My wife entered in US on H4 in December 2011 and got H1B approved in Oct 2012. She is working now. But her I-94(the white one which you get at the time of entry) expiry is 2014 Oct (my previous H1B expiry). But her H-1B I-797 also has a I-94 whose expiry is Oct 2015.

Query:

My query is for my wife's I-94. My question is which of the 2 I94s can be counted towards the valid legal presence. Like does she have to leave the country before Oct 2014(according to the white I94 received at the time of entering) or is she good till Oct 2015(according to her H-1B I94)

Posted

The I-94 currently is the document that serves to reflect terms and conditions of stay and employment in the United States for nonimmigrants. After a change of status and extension of stay is approved, typically the I-94 issued with the approval notice reflecting the change of status governs.

Posted

Thanks a lot @Attorney_11. So just to confirm, the I-94 that came with I-797A takes precedence over the I-94 she received during entering the country and can stay legally till the validity of the new one(i.e. one which came with I-797A)?

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