dependent h4 status

[h1hopes]

I started working with company A in the US and send I-797 to my wife to obtain H4. But before she came to the US (she got delayed as she got 221-g admin process) I shifted to company B.

 

Company A visa expires June 2014, so my wife's I-94 expires June 2014

 

Since I changed company, I got updated I-94 with expires on Feb 2015.

 

I can not file extension before Sept 2014. So what can we do so that my wife won't be out of status from June to Sept? will prefer something better than new stamping.

 

[pontevecchio]

Based on your updated I94 file her EOS now and she will get a new I94 till Feb, 2015 and when you apply for your extension before that you should apply for her H4 extension. Why are you assuming things?

[jairichi]

I started working with company A in the US and send I-797 to my wife to obtain H4. But before she came to the US (she got delayed as she got 221-g admin process) I shifted to company B.

 

Company A visa expires June 2014, so my wife's I-94 expires June 2014

 

Since I changed company, I got updated I-94 with expires on Feb 2015.

 

I can not file extension before Sept 2014. So what can we do so that my wife won't be out of status from June to Sept? will prefer something better than new stamping.

File I-539 for your wife before her I94 expiry with your new I797 approval notice that expires in Feb 2015.

[h1hopes]

Thank you Jairichi, pontevecchivo. I asked employer to file I-539 to extend my wife's H4 status.

 

pontevecchivo, I was not sure that my wife will be in status after June 2014 as there was no document to reflect it. (since I got my I-94 updated with new I-797 when she was still in the home country, India. Her visa stamp was granted on previous company's I-797)

[pontevecchio]

Also remember that the employer is doing you a favor. Make sure everything is filed. The EOS for your spouse is your remit.