Immediate help.. Valid H4,I-94 till jan - 2018 still filed extension till Aug 2018

[compabhi]

Immediate help..

My wife is travelling to India Jan 2016, her's current I-94 is valid till Jan 2018 from my old company. When I got my company changed I filed again her extension for Aug 2018 as per mine H1. And new extension I-539 is pending for decision.

So question is after stamping coming back to US will here old I-94 he abandoned due to pending I-539 or will it be fine based on my previous employer I-94 which is valid till Jan 2018.

I appreciate all you help.

Thanks
Abhi

[shervin143]

There was no reason to file form I-539 for your wife just because you changed employers. That being said, if she leave the country while her petition is pending with USCIS, then extension that is filed with USCIS will most likely be denied. To get the extension of stay (new I-94), the person should stay in U.S during the processing period.

When she returns back, she will get a new I-94 at the POE and that will take precedence over all the previous I-94s. Search and read about the last action rule.

[compabhi]

There was no reason to file form I-539 for your wife just because you changed employers. That being said, if she leave the country while her petition is pending with USCIS, then extension that is filed with USCIS will most likely be denied. To get the extension of stay (new I-94), the person should stay in U.S during the processing period.

When she returns back, she will get a new I-94 at the POE and that will take precedence over all the previous I-94s. Search and read about the last action rule.

Thanks for reply