I-94 validity question. Please advice ASAP.

[dbjpr]

Hello All,

Here is my scenario please advice based on your experience or knowledge.

Yesterday I received my new I-797 which is valid (starting July-01) for next 3 yrs. My family is currently outside the US and has H4 stamping until my old I-797 date i.e. June-30. My family is traveling to the US next week since the time is very short they can't go for re-stamping. I have following questions:
1) How many months of entry will they get?
2) Can they present my new I-797 at POE to get their I-94 until my I-797 is valid?
3) What needs to be done in case they get entry or I-94 until June-2013?

Thanks in advance,
DB

[kabkaba]

If they show the new approval notice, they can get the I-94 to match the new approval notice.

[raghvi]

Hello All,

Here is my scenario please advice based on your experience or knowledge.

Yesterday I received my new I-797 which is valid (starting July-01) for next 3 yrs. My family is currently outside the US and has H4 stamping until my old I-797 date i.e. June-30. My family is traveling to the US next week since the time is very short they can't go for re-stamping. I have following questions:
1) How many months of entry will they get?
2) Can they present my new I-797 at POE to get their I-94 until my I-797 is valid?
3) What needs to be done in case they get entry or I-94 until June-2013?

Thanks in advance,
DB

1. No one can predict a lot depends on officer at POE. They should show your latest petition and get I-94 accordingly.
2. Yes that is what they should actually do.
3. In that case you can file extension request by filing I539.

This is my opinion not legal advice.

[dbjpr]

If they show the new approval notice, they can get the I-94 to match the new approval notice.

Thanks a lot. I've another question.
If they get new I-94 that shows new approval date. Do I need to still file I-539 for them? Please advice.

Thanks,
DB

[dbjpr]

1. No one can predict a lot depends on officer at POE. They should show your latest petition and get I-94 accordingly.
2. Yes that is what they should actually do.
3. In that case you can file extension request by filing I539.

This is my opinion not legal advice.

Thanks Raghvi