What is i94 at port of entry when travelling with old visa

[M_C_P]

Hi, My wife (H4) is planning to travel to USA with my previous employer's visa ( which is expiring on 1 Aug 2021 ) and my new i797 approved petition ( which is valid till June 2022 and also bottom of i797 , the i94 also having expiry date of June 2022).

From the travel forums , I came to know that, at POE If she shows new i797 to immigration officer he may give i94 till new i979's validity date but this is not always true. So, if immigration officer gives the i94 till old visa expiry date (1 Aug 2021), Is it legal/lawful to stay in USA after 1 Aug 2021 since we have approved i797 and i94 on it till June 2022.?

If it is unlawful stay, what are the options to get i94 updated according to new i797 dates.? Please suggest. Also if she comes to USA in July 2nd week, a 2 weeks period would be sufficient to extend i94.?

Thank you,
M_C_P

[rkk09]

Hi,
If she comes to USA with previous approved visa, then she can apply H4 extension petition using I-539 form. If you file the petition before her current visa expires then she can stay in the USA with the help of receipt notice.
Thanks.

[R78]

The I-94 issued at the POE supersedes what is on the petition.
Officers usually look at the petition and issue I-94 based on that validity (in your case 2022).
In the worst case, you can file for an extension from within the US after she enters. This needs to be received by the USCIS before the expiration of the I-94. Two weeks is plenty of time.
You can file the I-539 ONLINE with USCIS. This is easy & secure than mailing paper documents.