I-94 Extension not filed for wife on H4 Visa and travelled back to US - Need Help

[member2509]

Hi All,

I have a tricky situation and need your expertise help in this case.

1) I am on H1b Visa and I changed my Employer in july 2009 and received a new Notice of Action I-797 with new I-94 valid until July 13, 2012. When my company lawyer filed my I-539 extension of stay they did not informed me to file extension for my wife. Even i forgot it later. somewat my fault too.
2) The old H1b visa stamped in my passport is valid until Nov 1 2010 and my wife also has H4 stamped in her passport with same validity.
3) We recently travelled to India and while coming back at the Port of Entry the officer granted me my new I-94 valid until july13 2012 and also gave my wife a new I-94 with similar validity of July 13, 2010 and did not asked for her approved petition (which we havent filed).
4) My questions is -- is this a problem?? do we have to file a I-539 which we forgot to file....but she already have a new I-94??

Please suggest me what will be a correct thing to do in this case?

Thanks in Advance

Chetan

[sk4ih]

4) No need now.
(Bur her stay past old I-94 expiry date was illegal.)

[member2509]

Thanks for the information sk4ih!

I am little confused though. Can you please explain me in short how "her stay past old I-94 expiry date was illegal" as her old I-94 has a expiration date of Nov 1, 2010.

Thanks,

[shervin143]

You are all good. Usually the I-94 for the dependent will be issued based on the validity of the approval notice of the primary H1B holder. Extension of stay to get a new I-94 will need to be filed only when the existing I-94 was about to expire (In your wife's case, which was not the case - You left the country and returned back with a new I-94 before the existing I-94 expired).

[member2509]

Thanks for the information shervin143!! I got it

I have a quick question which will clear all my doubts.

When we apply for I-94 Extension by filing I-539 for dependents we generally receive a I-797 petition for the dependents. In my case since i have no need to file I-539 since she already received a extended I94 at POE would she not be requiring the I-797 petition stating my new employer sooner or later...during GC process.

I appreciate your response on this...which will make all the things clear from my end.

Thanks

[shervin143]

H4 has nothing to do with your employer. H4 status completely depends on you (The primary H1B holder) maintaining the valid H1B status (Irrespective of who your employer is). Employer is not required to file h4 petitions for dependents. Most companies do file for the dependents as well when they file the extension/COS for the primary applicant, that way you don't have to file it individually later. It's just easy to file it together.

Thanks for the information shervin143!! I got it

I have a quick question which will clear all my doubts.

When we apply for I-94 Extension by filing I-539 for dependents we generally receive a I-797 petition for the dependents. In my case since i have no need to file I-539 since she already received a extended I94 at POE would she not be requiring the I-797 petition stating my new employer sooner or later...during GC process.

I appreciate your response on this...which will make all the things clear from my end.

Thanks

[member2509]

Thanks a bunch shervin143!

[abhayg4]

Hi OP,

I hope you meant to say JULY13'2012 for your wife I-94 and not 2010 (as mentioned by you below)
If it is 2010 , then you have to file for her extension before that .

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3) We recently travelled to India and while coming back at the Port of Entry the officer granted me my new I-94 valid until july13 2012 and also gave my wife a new I-94 with similar validity of July 13, 2010 and did not asked for her approved petition (which we havent filed).
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Thanks and Regards,
Abhay

[member2509]

Sorry, But yes i meant to say July 13, 2012.