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  • Question on H4 extension

    My wife and kid traveled last month to US from India with my previous employer's visa stamping. Both Visa and the I94 has the same expiry date - 11/29/2016. My H1B visa transfer is in process since last 3 months. I contacted the attorney associated with my employer and they said I can either renew the H4 visa for my dependents after I get the approval in the next few months before the I94 expires or do it right now.

    I would like to know if they can stay here in the US post the expiry of the I94 as they are planning to travel to India in Apr 2017. I thought i can get their visa stamped using drop box when they return back from India next year.

    Note - In one of the forums i read that the H4 visa can be renewed up to 6 months after the I94 date.

    Please let me know.

  • #2
    Originally posted by natrajr.r View Post
    My wife and kid traveled last month to US from India with my previous employer's visa stamping. Both Visa and the I94 has the same expiry date - 11/29/2016. My H1B visa transfer is in process since last 3 months. I contacted the attorney associated with my employer and they said I can either renew the H4 visa for my dependents after I get the approval in the next few months before the I94 expires or do it right now.

    I would like to know if they can stay here in the US post the expiry of the I94 as they are planning to travel to India in Apr 2017. I thought i can get their visa stamped using drop box when they return back from India next year.

    Note - In one of the forums i read that the H4 visa can be renewed up to 6 months after the I94 date.

    Please let me know.
    As the attorney suggested, apply for H4 extension now and refer your extension receipt, OR, after your extension approval file for their extension. In either case it needs to be done before the I94 expiry. It's not a correct thing to assume that H4 can be extended after I94 expiry.

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by raghvi View Post
      As the attorney suggested, apply for H4 extension now and refer your extension receipt, OR, after your extension approval file for their extension. In either case it needs to be done before the I94 expiry. It's not a correct thing to assume that H4 can be extended after I94 expiry.

      This is my opinion not legal advice.
      Sure. Thanks Raghvi.
      Is there a way we can apply for the H4 extension ourself as the Attorney fees for the filing is 350$? Not sure if it has to be done by the employer only.

      Comment


      • #4
        Originally posted by natrajr.r View Post
        Sure. Thanks Raghvi.
        Is there a way we can apply for the H4 extension ourself as the Attorney fees for the filing is 350$? Not sure if it has to be done by the employer only.
        You can file it yourself too.

        This is my opinion not legal advice.

        Comment


        • #5
          Originally posted by raghvi View Post
          You can file it yourself too.

          This is my opinion not legal advice.
          Thank you so much for the details. Appreciate your help.

          Comment


          • #6
            Valid H4 till September 2017 but I94 expiring in November 2016

            Hi, I am on H4 visa staying with my husband, and I've approved I797 which is valid till 9/24/2017 but my I94 is expiring this year in November 2016. How can I file my I94 extension? Can only my husband's employer file my I94 extension or I can do it myself?
            Please help!!

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