I-94 validity for H4 is expiring before H1 I-94.Which one to be considered? URGENT

[tnrao5]

For my recent entry into USA, me and my wife got Jan 05, 2015 as I-94 validity date(as per the visa) but my son got Nov 10, 2014 (Since his passport expires on that date). It mean my son I-94 validity applicable to all of us and we need to apply renewal based on Nov 10, 2014 date? Please advice.

[raghvi]

For my recent entry into USA, me and my wife got Jan 05, 2015 as I-94 validity date(as per the visa) but my son got Nov 10, 2014 (Since his passport expires on that date). It mean my son I-94 validity applicable to all of us and we need to apply renewal based on Nov 10, 2014 date? Please advice.

Each person has their own passport, own, visa and own I-94.

What is the intention? To have your son's I-94 to match yours or for you to stay beyond 5th Jan 2015?

Your I-94 date is Jan 05 2015, your son's I-94 expiry is Nov 10th 2014, so, if your intent is only to have your sone stay legally in US from Nov 10th 2014 till Jan 5th th 2015 then after getting a new passport for your son, you need to apply extension only for your son by filing form I539 you can apply max 6 Months before I-94 expiry, that is after May 10th 2014.

Of course, if you intend to stay beyond 05-Jan-2015 you and your spouse also would need to apply for extension.

If you are applying for extension for yourself,to stay beyond 5th Jan 2015 your employer would also need to file form I129 and get a new I797. Its advisable to file form I539 for your spouse and child at that time but make sure it happens before Nov 10th 2014.

This is my opinion not legal advice.