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Have NOT received an approval notice and I-94 for my Child (I-539 - H-4 Extension)

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  • Have NOT received an approval notice and I-94 for my Child (I-539 - H-4 Extension)

    Hi,

    I am holding H1-B and my dependents (Spouse and 14 months old Child) are in H4. We 3 are non-citizens, came in US for the first time, entered on 16-Jan-2017, and our initial I-94 was valid till 05-May-2017.
    H-Extension was filed by my employer (I-129 for me, I-539 for my dependents with Spouse as primary applicant and Child details in the Supplement A section) in premium mode and both the petitions are got approved.

    I got my approval notice (I-797 A) for the I-129 petition, with the updated I-94 that is valid till 05-May-2018.

    We got a separate Receipt Notice (I-797 C) for the I-539 petition where my Spouse and Child names are mentioned clearly. We were waiting for two separate approval notices for both Spouse and Child.
    After few days, we got an Approval Notice (I-797 A) for my spouse alone, with the updated I-94 that is valid till 05-May-2018. But we have NOT received the I-94 or I-797 A for my child yet. Child details are NOT mentioned in the spouse's approval notice too. I am worried because child's I-94 is expiring in a month time.

    My employer is not responsible for any I-539 related follow up with USCIS though they filed it on behalf of us. I called USCIS and told me that I can inquire on the filed petitions only after 30 days from its approval date.

    Q1. Should my Child get a separate approval notice and I-94?
    Q2. IF YES, What is the procedure to get the papers from USCIS? What if my Child don't get an updated I-94 before its Expiry (05-May-2017)? Can the Child continue to stay in US because we parents have valid status to stay & work?
    Q3. IF NO, What is the I-94 number that we need to mention in the I-539 petition during the next H-Extension process for the Child?

    please clarify.. many thanks in advance..

  • #2
    I am also in the same situation, I have received approval notice for my wife but not for the child. How did you get approval notice for your child, did you have to file I-824?

    Originally posted by su2017 View Post
    Hi,

    I am holding H1-B and my dependents (Spouse and 14 months old Child) are in H4. We 3 are non-citizens, came in US for the first time, entered on 16-Jan-2017, and our initial I-94 was valid till 05-May-2017.
    H-Extension was filed by my employer (I-129 for me, I-539 for my dependents with Spouse as primary applicant and Child details in the Supplement A section) in premium mode and both the petitions are got approved.

    I got my approval notice (I-797 A) for the I-129 petition, with the updated I-94 that is valid till 05-May-2018.

    We got a separate Receipt Notice (I-797 C) for the I-539 petition where my Spouse and Child names are mentioned clearly. We were waiting for two separate approval notices for both Spouse and Child.
    After few days, we got an Approval Notice (I-797 A) for my spouse alone, with the updated I-94 that is valid till 05-May-2018. But we have NOT received the I-94 or I-797 A for my child yet. Child details are NOT mentioned in the spouse's approval notice too. I am worried because child's I-94 is expiring in a month time.

    My employer is not responsible for any I-539 related follow up with USCIS though they filed it on behalf of us. I called USCIS and told me that I can inquire on the filed petitions only after 30 days from its approval date.

    Q1. Should my Child get a separate approval notice and I-94?
    Q2. IF YES, What is the procedure to get the papers from USCIS? What if my Child don't get an updated I-94 before its Expiry (05-May-2017)? Can the Child continue to stay in US because we parents have valid status to stay & work?
    Q3. IF NO, What is the I-94 number that we need to mention in the I-539 petition during the next H-Extension process for the Child?

    please clarify.. many thanks in advance..

    Comment


    • #3
      Originally posted by ks1234 View Post
      I am also in the same situation, I have received approval notice for my wife but not for the child. How did you get approval notice for your child, did you have to file I-824?
      Hi,
      I am in the same situation. Planning to setup an infopass appointment. How did you get this resolved?

      Comment


      • #4
        Originally posted by l1bwait View Post
        Hi,
        I am in the same situation. Planning to setup an infopass appointment. How did you get this resolved?
        Had called USCIS and explained the situation. They sent my child?s approval notice in a week

        Comment


        • #5
          Originally posted by l1bwait View Post
          Had called USCIS and explained the situation. They sent my child?s approval notice in a week
          Did they send new i94 too?

          Comment


          • #6
            Hi how did you resolved this case with USCIS?

            Originally posted by l1bwait View Post
            Had called USCIS and explained the situation. They sent my child?s approval notice in a week
            I had called USCIS a few times now and everytime i get different responses. Also when they connect to immigration officer they dont pick up, they only set up call back but yet i dont recieve calls from them.

            Please help me what exactly you did. Thanks.

            Comment

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