Diff I-94 end dates - H4 I 94 expiring before H1 Extn to be filed..what to do?

[jaimatadi]

Hi,

My cousin brother is on H1-B and his wife is with him on H4. Both of them have stamped visa ending on 24th Mar.

My cousin brother's I-94 expiry date is 15th Apr (even though visa end date is 24th Mar).
His wife's I-94 expires on 24th Mar. (Visa end date is 24th Mar)

My cousin brother's employer is working on filing his H1-B extension as well as H4 extension. They have not filed it yet. They don't have a firm date but they will file H1-B extension before his I-94 expires, which is 15th Apr. Along with that, they will also file, his wife's H4 extension.

If these extension applications are filed after 24th Mar, then, wife on H4 may be out of status since her visa and I-94 end dates are 24th Mar.

What should be done in this case?
Right now, is there any way to request extension in I94 end date for my cousin's wife?

Thanks.

[raghvi]

Hi,

My cousin brother is on H1-B and his wife is with him on H4. Both of them have stamped visa ending on 24th Mar.

My cousin brother's I-94 expiry date is 15th Apr (even though visa end date is 24th Mar).
His wife's I-94 expires on 24th Mar. (Visa end date is 24th Mar)

My cousin brother's employer is working on filing his H1-B extension as well as H4 extension. They have not filed it yet. They don't have a firm date but they will file H1-B extension before his I-94 expires, which is 15th Apr. Along with that, they will also file, his wife's H4 extension.

If these extension applications are filed after 24th Mar, then, wife on H4 may be out of status since her visa and I-94 end dates are 24th Mar.

What should be done in this case?
Right now, is there any way to request extension in I94 end date for my cousin's wife?

Thanks.

Ask the employer to file extension for both H1 and H4 before 24th March 2014.

This is my opinion not legal advice.

[jaimatadi]

Diff I-94 end dates - H4 I 94 expiring before H1 Extn to be filed..what to do?

Yes, they are asking the employer for same. However if employer is not able to do it before 24th Mar, then, what are the steps they need to take?

[raghvi]

Yes, they are asking the employer for same. However if employer is not able to do it before 24th Mar, then, what are the steps they need to take?

If they arent willing to do so they should it on their own. Unless he wants his wife to go out of status and eventually she might have to leave US.

Once I-94 has expired an extension wouldnt be possible. Extension has to be applied before I-94 expiry.

This is my opinion not legal advice.