srinivas_bonthu Posted May 21, 2014 Report Share Posted May 21, 2014 Hi, I am on H1B and last year i changed to a new company and so got extended until March 2015. My wife was in India during this time and so company did not file H4 extension along with my H1b. Both of our current VISA (with previous company) is valid until Aug 2014. During that time, Company Attorney said she can do extension 6 month before expiration (Aug 2014). My wife again went to India and came back recently and surprisingly her i94 shows expiration March 2015 (she showed my new H1B at POE). When asked attorney, says no need to do H4 extension now based on her new i94. But in reality her H4 status is valid until Aug 2014 and we need to file her extension. We are confused, please advise how we can proceed in this situation, can we ignore this like Attorney said or correct the i94? Thanks, Link to comment
jairichi Posted May 22, 2014 Report Share Posted May 22, 2014 Hi, I am on H1B and last year i changed to a new company and so got extended until March 2015. My wife was in India during this time and so company did not file H4 extension along with my H1b. Both of our current VISA (with previous company) is valid until Aug 2014. During that time, Company Attorney said she can do extension 6 month before expiration (Aug 2014). My wife again went to India and came back recently and surprisingly her i94 shows expiration March 2015 (she showed my new H1B at POE). When asked attorney, says no need to do H4 extension now based on her new i94. But in reality her H4 status is valid until Aug 2014 and we need to file her extension. We are confused, please advise how we can proceed in this situation, can we ignore this like Attorney said or correct the i94? Thanks, What is wrong? Correct procedure is followed. She got I94 expiry date based on your new I797 that expires in March 2015. Nothing to worry. Link to comment
stonecold_1981 Posted May 22, 2014 Report Share Posted May 22, 2014 Essentially the extension of H-4 status for your wife was done at the POE itself (vs. filing with USCIS) based on your valid petition. So.... she is all set. Link to comment
srinivas_bonthu Posted May 23, 2014 Author Report Share Posted May 23, 2014 Ok. I was under impression that she needed to file H4 extension every time i file with USCIS. Thank you for your valuable replies. Link to comment
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