Extending I-94 for H4 Visa

[kirankumar19]

Hello,

I had my first H1b from April, 2011 to April 2014. So my H1B, and H4 for my wife and daughter are valid accordingly. I switched to a new company in July 2012, so my new I-797 is valid till July, 2015. No extension was filed for my Wife and daughter's H4 visas and they were valid till April, 2014.

We went to India in June 2013 and returned to U.S. I returned in July, 2013 and at POE, they checked my I-797 and gave I-94 till July 2015. However, when my family entered back on August, 2013, at POE, the new I-94 was issued till April, 2014 only. In fact it was not a paper I-94 and when I checked online it is valid till April, 2014. So it expires within next 2 months.

what are the possibilities for me to extend the legal stay for my family in U.S ? unfortunately, my wife cannot travel for next 5 months due to her personal health reasons. So could you guys
let me know the different options I have to address this issue ?

Thanks a lot,

Thanks,
Kiran Kumar.

[raghvi]

Hello,

I had my first H1b from April, 2011 to April 2014. So my H1B, and H4 for my wife and daughter are valid accordingly. I switched to a new company in July 2012, so my new I-797 is valid till July, 2015. No extension was filed for my Wife and daughter's H4 visas and they were valid till April, 2014.

We went to India in June 2013 and returned to U.S. I returned in July, 2013 and at POE, they checked my I-797 and gave I-94 till July 2015. However, when my family entered back on August, 2013, at POE, the new I-94 was issued till April, 2014 only. In fact it was not a paper I-94 and when I checked online it is valid till April, 2014. So it expires within next 2 months.

what are the possibilities for me to extend the legal stay for my family in U.S ? unfortunately, my wife cannot travel for next 5 months due to her personal health reasons. So could you guys
let me know the different options I have to address this issue ?

Thanks a lot,

Thanks,
Kiran Kumar.

Your family should have got I-94 as per latest petition but off late POE officers are granting I-94 only till visa expiry date.

You can file form I539 for your wife and daughter. Provide your petition as well as I-94. Make sure you file before April 2014.

This is my opinion not legal advice.

[kirankumar19]

Your family should have got I-94 as per latest petition but off late POE officers are granting I-94 only till visa expiry date.

You can file form I539 for your wife and daughter. Provide your petition as well as I-94. Make sure you file before April 2014.

This is my opinion not legal advice.

Thanks you very much for the quick response Raghvi. I appreciate it.

Do you know how long it will take to approve new H4 or I539 ? Do they issue a new I-94 as well along with this new I539 ?

Also, some one is quoting about approaching CBP for correcting the I94 with new valid date of July, 2015 ? Is that a possibility in this situation ?

Thanks,
Kiran Kumar

[raghvi]

Thanks you very much for the quick response Raghvi. I appreciate it.

Do you know how long it will take to approve new H4 or I539 ? Do they issue a new I-94 as well along with this new I539 ?

Also, some one is quoting about approaching CBP for correcting the I94 with new valid date of July, 2015 ? Is that a possibility in this situation ?

Thanks,
Kiran Kumar

It can take a few months, and there is no premium processing. But as long as you file before I94 expiry and are maintaining valid H1 status I think you will be fine. You should receive a new I94 upon approval.i doubt the CBP will be very useful in this situation but you can surely try.

This is my opinion not legal advice.

[dhavalshah312]

Thanks you very much for the quick response Raghvi. I appreciate it.

Do you know how long it will take to approve new H4 or I539 ? Do they issue a new I-94 as well along with this new I539 ?

Also, some one is quoting about approaching CBP for correcting the I94 with new valid date of July, 2015 ? Is that a possibility in this situation ?

Thanks,
Kiran Kumar

Did this work for you ? Looks like I am going to be in the same boat, Its becoming extremely difficult for my wife to renew her passport in India. When she comes back I think she will get I-94 till her passport expiry though she has extended I-94 with her till May 2016.

If filing I539 worked for you then what all did you do ?

Thanks in Advance for your help!