H4 wife can overstay as long as husband i129,i797,i94 still valid ???

[dtp]

Recently, my wife went for interview and got the h4 visa for one year so it is expired in April 2016. She didn't get any other documents. My (the husband) i129,i797 documents will be expired in April 2017. Can she still legally stay in the US after her visa expired ? I am very confused about this.

[raghvi]

Recently, my wife went for interview and got the h4 visa for one year so it is expired in April 2016. She didn't get any other documents. My (the husband) i129,i797 documents will be expired in April 2017. Can she still legally stay in the US after her visa expired ? I am very confused about this.

What about your visa, is it expiring in April 2017 too? What about your I-94 when is it expiring?

Her allowed stay is determined primarily by I-94 date which she would get upon her entry to US which in turn would be passport expiry/visa expiry date, whichever is earlier, so I am guessing she would be given I-94 only till April 2016. Now whether she can stay beyond April 2016 would depend upon your answers to my first two questions.

This is my opinion not legal advice.