Urgent, Regarding I94 short date for H4

[nsreddy]

Hi,
My family has H4 Visa stamped until Jan 10, 2010 with Employer A, and my current I797 is valid till May 22 2011 with Employer B.
Recently they were visiting India and during the visit they could not go for stamping.
On Dec 2nd 2009 they returned back to US and at POE they got the I-94s only upto Jan.10, 2010. Even though they tried to show mt current I797s which is valid until May 22 2011, the officer at POE said they dont really care about my current I797 and what matters to them is the Visa in the their Passport and it is expiring on Jan. 10, 2010.

So please, can somebody spare some time, to advise me on what is the process to get the I-94 extended.
Can I get them extended internally or should I have to go out of the country ?

1. Which forms I have to fill and what documents I have to attach ?

2. My family and kid, should I apply individually for each of them or
whether I can make a single application for both of them.?

3. Is 3 weeks time sufficient to apply for I-94 extension, as I read
somewhere that I-94 extension should be applied atleast 4 to 6 weeks
before the expiry of I-94.?

4 (very Important).I am applying H4 extension for my wife and kid through lawyer on Dec 14th 2009.As I informed their present Visa (which is there in passport) and I94 is getting expired on Jan10,2010.If I don't get H4extension approval by Jan10 2010,Do they (my wife and kid) need leave the country as per the legal? or Is H4 extension receipt is enough to stay until they get approval?

Thanking you in advance for your time.

Reddy

[shervin143]

1. You can go to nearest CBP deferred inspection post and have the I-94 corrected. (this may or may not work)
2. File I-539 to extend the status of your dependents. You need to do this before their current I-94 expires. In case the extension is denied (say after 2 - 3 months), their stay in U.S after the I-94 expiry is termed as illegal and it will cause issues later when they apply for extension or when go for visa interview.
3. They should travel outside the country before their I-94 expires and get the visa's re-stamped and enter U.S.

Hi,
My family has H4 Visa stamped until Jan 10, 2010 with Employer A, and my current I797 is valid till May 22 2011 with Employer B.
Recently they were visiting India and during the visit they could not go for stamping.
On Dec 2nd 2009 they returned back to US and at POE they got the I-94s only upto Jan.10, 2010. Even though they tried to show mt current I797s which is valid until May 22 2011, the officer at POE said they dont really care about my current I797 and what matters to them is the Visa in the their Passport and it is expiring on Jan. 10, 2010.

So please, can somebody spare some time, to advise me on what is the process to get the I-94 extended.
Can I get them extended internally or should I have to go out of the country ?

1. Which forms I have to fill and what documents I have to attach ?
2. My family and kid, should I apply individually for each of them or whether I can make a single application for both of them.?

>>>> You need to fill Form I-539. You have to complete I-539 supplement 1 for each co-applicant. You can include your spouse and minor children in one application form. Check the instructions here

https://www.immihelp.com/sample-instructions-form-i539-extend-usa-visitors-visa/

http://www.uscis.gov/files/form/I-539instr.pdf


3. Is 3 weeks time sufficient to apply for I-94 extension, as I read somewhere that I-94 extension should be applied atleast 4 to 6 weeks before the expiry of I-94.?

>>>> If they get the extension, they are good. If the extension gets denied, then their stay in U.S after their I-94 expiry is considered illegal and it will cause issues later.


4 (very Important).I am applying H4 extension for my wife and kid through lawyer on Dec 14th 2009.As I informed their present Visa (which is there in passport) and I94 is getting expired on Jan10,2010.If I don't get H4extension approval by Jan10 2010,Do they (my wife and kid) need leave the country as per the legal? or Is H4 extension receipt is enough to stay until they get approval?

>>>> Receipt is enough to stay. If approved, they are all good. If not, they will have issues (Read ans.3). So it is advisable to leave if they don't get the extension by Jan 10th.

Thanking you in advance for your time.

Reddy

[barhooma99]

Dear Shervin
Again i'm asking you kindly..
my i-797 approval is up to march 2011 [/U],our visas in passport expires Nov.2010 ,,, we r still outside the states, preparing to go next Feb. by the willing of God...so the question ..Do I (H-1b) and my family (H-4) need to go back to our country where visas were stamped to renew them ...or can our lawyer in US do that without our travel ??, or do we depend on the i-94 expiry date?? confusing for me ...thanks

[shervin143]

I am not sure if I understand your question correctly. Are you asking if you can renew your H1B later from within U.S? Yes, you can. Your visa is just an entry document into U.S. Which mean, you can go out of U.S and re-enter any number of times until Nov 2010. After that, you need to get a new visa stamped to re-enter U.S.

When you enter U.S, you will be given form I-94. Most of the times, the I-94 will be given upto the petition validity (March 2011 in your case), sometimes only till the end date on the visa. Once you are inside U.S, it is the I-94 validity that counts. So if you get an I-94 until March 2011, then you can legally stay in U.S till March 2011 even though your visa expires in Nov 2010. But if you go outside U.S after Nov 2010, then to re-enter, you need to get your visa stamped. You can file for an H1B extension from within U.S (no need to go to your home country). If you apply by normal process, it would take 2-3 months to get the approval. So it is advisable to apply for extension at least 3 months before the I-94 expiry. By premium process, it takes only 15 days. When the extension is approval, you will get a new I-94.

Does that answer all your questions?

Dear Shervin
Again i'm asking you kindly..
my i-797 approval is up to march 2011 [/U],our visas in passport expires Nov.2010 ,,, we r still outside the states, preparing to go next Feb. by the willing of God...so the question ..Do I (H-1b) and my family (H-4) need to go back to our country where visas were stamped to renew them ...or can our lawyer in US do that without our travel ??, or do we depend on the i-94 expiry date?? confusing for me ...thanks

[barhooma99]

Dear Shervin ... as always u r of great help....thankyou friend,
i'm orianted now,,,, only
1. is this applicable for my wife and sons...(H-4)
2. also my older son is 22 years old .shall i change his visa to F1
(for study) in case they donot extend his H-4 (after expiry) because of his age?
regards .

[shervin143]

1. is this applicable for my wife and sons...(H-4)
>>>>> Yes

2. also my older son is 22 years old .shall i change his visa to F1
(for study) in case they donot extend his H-4 (after expiry) because of his age?
>>>> You can do that provided he gets admitted in a school.