Gap between present H4 expiration date and New H4 start date

[varma_bhrk]

Hi,

 

My H1B end date with my previous emploer is till 09/23/2013 and the same end date is for my wife's H4.

 

I changed the company in oct 2012, at that time my employer applied for just H1B transfer but havent applied H4 transfer. With this my H1B end date is 09/28/2013.

 

Now My employer applied for H1B extension for me and H4 extension for my wife. My H1B got approved from 09/29/2013 to 09/29/2016...and the same with my wife's H4.

 

This leaving a gap of 5 days for my Wifes H4 (Her present H4 expires on 09/23/2013 and the new one starts from 09/29/2013). How do I deal with this situation.

[jairichi]

Hi,

 

My H1B end date with my previous emploer is till 09/23/2013 and the same end date is for my wife's H4.

 

I changed the company in oct 2012, at that time my employer applied for just H1B transfer but havent applied H4 transfer. With this my H1B end date is 09/28/2013.

 

Now My employer applied for H1B extension for me and H4 extension for my wife. My H1B got approved from 09/29/2013 to 09/29/2016...and the same with my wife's H4.

 

This leaving a gap of 5 days for my Wifes H4 (Her present H4 expires on 09/23/2013 and the new one starts from 09/29/2013). How do I deal with this situation.

Nothing to worry as it is just 5 days gap. And, what is your wife's first I94 expiry date?

[ge145]

did you change your wife's H4 when you changed your employer ?

[pontevecchio]

The fact that an I94 was issued means no status issues.

[varma_bhrk]

My Wife's I94 expiry date is 09/23/2013.

 

When I changed to my present employer, we haven't applied for H4 transfer for my wife(the reason is that she have valid visa, so we thought we can use it).

 

Only at this extension of mine is when we applied H4 transfer/extension for my wife.

 

Thank you.

[jairichi]

My Wife's I94 expiry date is 09/23/2013.

 

When I changed to my present employer, we haven't applied for H4 transfer for my wife(the reason is that she have valid visa, so we thought we can use it).

 

Only at this extension of mine is when we applied H4 transfer/extension for my wife.

 

Thank you.

I94 determines the date till which you are in valid status in US and not visa. Visa is just an entry document in US. Since your wife initially had a I94 with an expiry date of 09/23/2013 and now she has a new I94 there is nothing to worry as pontevecchio had replied you. And, a gap of 5 days is not of any concern.

[tak81]

Your wife will be out of status for those 5 days, If they find about that in future it will be a big headache  . 

[pontevecchio]

The USCIS computer systems do not allow for back dating. The fact that an I94 was issued with the approval means legal status irrespective of the time gap. I wish people would not reply about things which are not in their sphere of knowledge.