I94 expired but H4 still valid

[yesmani]

Hi ,
My dependents i94 expired on 02-Jan-2016 but Itheir H4 my visa is stamped in passport until 23-Dec-2016. We realized late that the i94 expired and left country on 10-Jan-2016.

Can they reenter in US with the same visa & do we need to provide any justification document for the 'week' they overstayed in US in out-of-status . At port of entery . How to handle this

Note : My H1B extension is in-progress still . Extension was filled for me as my i94 expired because of passport expiration

[raghvi]

Hi ,
My dependents i94 expired on 02-Jan-2016 but Itheir H4 my visa is stamped in passport until 23-Dec-2016. We realized late that the i94 expired and left country on 10-Jan-2016.

Can they reenter in US with the same visa & do we need to provide any justification document for the 'week' they overstayed in US in out-of-status . At port of entery . How to handle this

Note : My H1B extension is in-progress still . Extension was filled for me as my i94 expired because of passport expiration

You would need to first get your extension approved. They can re enter only if you have a valid extension approved in hand.

This is my opinion not legal advice.