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I-94 about to expire, valid H4 stamping till 2014: need help

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  • I-94 about to expire, valid H4 stamping till 2014: need help

    I am on H1B (valid till 2014)and my Wife and kid are on Valid H4 (valid till 2014), every one has valid I-94 till 2014 except my Wife.
    At POE my wife got I-94 till July 2012 as her passport is to expire in the same month. We applied and Received her new passport from CGI SF.
    Now I have a Question, How to extend her stay ?

    1. Does she need to visit out of USA in order to get a new I-94 ? (my wife doesn’t have a separate I-797, we all got our visa stamped through my 797)
    OR
    2. Can we apply for Change/Extension of status (I539), so she will get her I-797 with a I-94 ? But she already has a valid Visa till 2014, and how risky this process should be...
    OR
    3. Do we have some other option?

    Please help me in this case...

  • #2
    Both the options are fine. There is very little risk in either options. This must be done before her I-94 expires. I assume she has got her passport renewed.
    This is my opinion and not legal advice.

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