H4 Extension missed by 2 years

[varshneyamit]

Recently I submitted supporting documents to file H1 extension to my employer. then I realized I94 of my elder daughter was valid till Sept 2012. probably they made this date as passport of my elder daughter was valid till that date. however I94 of my wife and younger daughter including myself are valid till July 2014. I was not aware of this till today, and relaized only when my employer asked clarification to provide latest and extended I94. I had already renewed the passport of daughter in 2012. Can you please answer of below questions. 1. Can you please advise what should be done now ? Can H1 Extension still take place regardless of this issue while we work on to fix this issue ? My passport and my younger passports are also valid till this Nov - Dec 2014. My H1 extension request is being applied till Dec 2016. Will my passport expiry date impact the date of H1 extension ?

[raghvi]

Recently I submitted supporting documents to file H1 extension to my employer. then I realized I94 of my elder daughter was valid till Sept 2012. probably they made this date as passport of my elder daughter was valid till that date. however I94 of my wife and younger daughter including myself are valid till July 2014. I was not aware of this till today, and relaized only when my employer asked clarification to provide latest and extended I94. I had already renewed the passport of daughter in 2012. Can you please answer of below questions. 1. Can you please advise what should be done now ? Can H1 Extension still take place regardless of this issue while we work on to fix this issue ? My passport and my younger passports are also valid till this Nov - Dec 2014. My H1 extension request is being applied till Dec 2016. Will my passport expiry date impact the date of H1 extension ?

One should always keep tab of ones immigrant status as well as dependents status while in US.

Your H1 extension should not be affected by this or by your passport expiry. Yes the extension, if approved , would come with a new I-94 only till passport expiry date, and you will have apply for I-94 extension again.

H4 status expiry over 18 Months back could be a bigger issue. I believe Minors are not subjected to 3 Year/10 year ban law for long unlawful presence. Its advisable you seek legal guidance and file H4 extension as soon as possible.

This is my opinion not legal advice.