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Dependent travel while my I94 extension and amendment in process

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  • Dependent travel while my I94 extension and amendment in process

    Hi,
    I have a H1B visa stamped till July 2016 and my wife got H4 visa which is also stamped till July 2016. In March 2014, we went for a vacation to India and I returned back within a month leaving my wife back in India. While returning back to US, I got my I94 till 19 Oct 2015. In September 2015, my visa extension along with location amendment (supposed to move to another location for the same project after approval) is filed and I got a receipt within 2 weeks while approval is still under process. Now I am planning to get my wife back to US. Can she travel here as both of our visa is valid till July 2016 and extension is for my I94?

    Please suggest.

    Thanks,
    Mano

  • #2
    Usually I-94 is issued as per the petition expiry date. Since you no longer work at the location for which your previous petition was approved, it is best that your wife travels back after you receive the new approval notice (with extension + amendment). That way, her I-94 will be issued until your extended petition expiry date and you don't have to file her extension anytime soon.
    Not a legal advice. Use of this information is strictly at your own risk.

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