Query For I94

[erabhieraks]

Hi Experts,

I have filed for H1 and H4 extension on 30 Sept 2011(Last day of I94) , I had in parallel filed H1 for my wife , which is approved and have a validity til June 2013.

My question is , in case if I receive my H1 and H4 Extension without I94 and have been asked to travel to India for getting my H1 stamped and come with new I94 (Happened in couple of cases in my organization ) , can my wife stay in US with her approved H1 or she has to mandatory travel back with me to get the stamping done ?

Any help would be highly appreciated .

[shervin143]

If your wife's H1B got approved with a new I-94 and if she is currently working and maintaining her H1B status, then she can stay and continue to work. If her H1B approval did not come with a new I-94 and if her H4 approval also doesn't have an I-94 attached, then she need to leave the country and return back in either H1B or H4 visa. If she enters in H1B visa, she should work and get paid to maintain the H1B status. If she enters in H4 visa, she cannot work.

If her H4 petition gets approved with a new I-94, then her status will change to H4 and she cannot work. In order to work again, a COS from H4 to H1B should be filed and approved or she need to leave the country and return back in H1B visa.

[erabhieraks]

Hi Experts ,

I have received the H1B approval for my Wife but havent received the physical copy yet . She will start working here only from March 2012.

I havent got approval for my H1 and H4 extension yet , so if lately my H1 does not comes with I94 and I have to travel back to India for stamping , does my wife still need to travel along with me ? Or she can stay here in US with here H1 I94 ?

[shervin143]

I have received the H1B approval for my Wife but havent received the physical copy yet . She will start working here only from March 2012.
>>> How did you arrive at the March 2012 as the start date. Is that her H1B effective date?

I havent got approval for my H1 and H4 extension yet , so if lately my H1 does not comes with I94 and I have to travel back to India for stamping , does my wife still need to travel along with me ? Or she can stay here in US with here H1 I94 ?
>>> Why have you asked the same question again. It is clearly answered in the previous reply. If she is on H1B status at that time, then she can stay and work. If not, then she need to leave.

Hi Experts ,

I have received the H1B approval for my Wife but havent received the physical copy yet . She will start working here only from March 2012.

I havent got approval for my H1 and H4 extension yet , so if lately my H1 does not comes with I94 and I have to travel back to India for stamping , does my wife still need to travel along with me ? Or she can stay here in US with here H1 I94 ?