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H4 visa valid but I-94 expired

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  • H4 visa valid but I-94 expired

    Hi all! I need some advice. Me and my wife are from India. I am currently on an H1-B visa that is good through 2018. When I entered USA, I got a stamp valid till 2018. My wife is currently on an H4 visa. Her visa is good through 2018 as well. However, when she came in USA, her passport was stamped for a less than one year stay only. Her I-94 expired on 06/30/2016 but her H4 visa is still valid till 2018. I was not aware that we should file for an extension of her I-94 and now she is going back to India in a week from today. I am having apprehensions that when she tries to come back to USA 2 months later from now, she might have trouble and might be deported because she stayed for more time than her I-94 allowed her to. I am not sure what to do in this situation to avoid having her go through any trouble when she comes back to USA. Please advice on what I should do. USCIS told me to contact the US embassy in India, who issued the visas to both of us. How should I proceed and what should I expect?

  • #2
    Is that the date on her I-94? or is it the date under the entry stamp on her passport? Sometimes they differ.

    If she has stayed past the date on her I-94, she will need to apply for a new visa when she's in India as her current visa is void due to INA 222(g) because she stayed past the date on her I-94.

    This is my personal opinion and is not to be construed as legal advice.

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