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Hi,
I am working in US on H1b and my wife is on H4 visa. Myself and my wife's I94 was expiring on 8th July 2016. My employer filed extension in normal processing for me on 25th March 2016 and due to a system glitch missed to file extension for my wife and I got to know about this on 14th July 2016. So, my wife was already out of status at that time and since she had a medical emergency she could not travel back as well.
So, My employer converted my application to premium and attached my wife's H4 extension petition and filed it on 23rd July 2016 stating the reason for missing dependent's extension and also stating medical emergency she was in. USCIS approved both of our petitions on August 4th 2016 and also gave a new I94 for both of us.
For me extension Petition cum I94 validity is from August 4th 2016 (From approval date ) till Dec 2018 whereas for my wife it is from 9th July 2016 till Dec 2018. She has got the validity start date from the day following her previous I94 expiry.
Since USCIS has given new I94 from the day following her previous I94 although it was filed a bit late, I am assuming she does not have any "Out of status" in her record and when we go for visa stamping I need not mention that she was out of status in DS160 as USCIS has given a valid H4 status for the period she was out of status.
Can you guys confirm if my understanding is right?
I am working in US on H1b and my wife is on H4 visa. Myself and my wife's I94 was expiring on 8th July 2016. My employer filed extension in normal processing for me on 25th March 2016 and due to a system glitch missed to file extension for my wife and I got to know about this on 14th July 2016. So, my wife was already out of status at that time and since she had a medical emergency she could not travel back as well.
So, My employer converted my application to premium and attached my wife's H4 extension petition and filed it on 23rd July 2016 stating the reason for missing dependent's extension and also stating medical emergency she was in. USCIS approved both of our petitions on August 4th 2016 and also gave a new I94 for both of us.
For me extension Petition cum I94 validity is from August 4th 2016 (From approval date ) till Dec 2018 whereas for my wife it is from 9th July 2016 till Dec 2018. She has got the validity start date from the day following her previous I94 expiry.
Since USCIS has given new I94 from the day following her previous I94 although it was filed a bit late, I am assuming she does not have any "Out of status" in her record and when we go for visa stamping I need not mention that she was out of status in DS160 as USCIS has given a valid H4 status for the period she was out of status.
Can you guys confirm if my understanding is right?
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