H4 Petition approved but the validity date is future date

[shreeslogic]

Hi,

I and my wife are on H1B and my wife is the primary applicant for my kid. So, my kids I94 expiry date is May 2016 and my I94 date is June 2016. my wife is maxed out and traveled out of the country. So, I've applied extension to my kid and my extension before my kid's I94 expiry and received approval notice for both H1 and H4. the issue here I see is, my kids' approval notice says, its valid from June 15th 2016 (this is in sync with my H1b validity date) instead of June 1st 2016.

As I understand, my kid is out of status from June 1st until June 15th.
Can you please help me to understand the options that I've and how this can be corrected.

[raghvi]

Hi,

I and my wife are on H1B and my wife is the primary applicant for my kid. So, my kids I94 expiry date is May 2016 and my I94 date is June 2016. my wife is maxed out and traveled out of the country. So, I've applied extension to my kid and my extension before my kid's I94 expiry and received approval notice for both H1 and H4. the issue here I see is, my kids' approval notice says, its valid from June 15th 2016 (this is in sync with my H1b validity date) instead of June 1st 2016.

As I understand, my kid is out of status from June 1st until June 15th.
Can you please help me to understand the options that I've and how this can be corrected.

The ideal thing to have done would have been either have filed your kids H4 extension to match your I-94 first (somewhere in Jan 2016 itself) which would have got approved by May 2016, and then on top of it filed extension along with your extension. OR to have the kid travel out and re enter on fresh H4 matching your extended approved H1.

If you really want to avoid this out of status, the kid will need to travel out of US and re enter on fresh H4 visa.

This is my opinion not legal advice.