H4 petition valid but I94 expiring in 4 days

[lonewolf11]

My wife is on H4 and has valid petition till year end but her I94 is getting expired within 4 days.
to add complexity i got one offer and am looking to do H1B transfer with new company.

i researched below options, please provide you take over it -

1) Go to CBP office and request for I94 correction to match validity with the petition ? any experience or suggestion in Dallas area CBP ? Doe's or don't

2) My current employer is filling i539 before i94 expiring, but what if in between i transfer H1B before i539 got approved ?

3) My wife goes out US, restamp visa (visa in passport already expired) in India with the current petition and come back with new I94. Can i pursue my H1 trasnfer in this period ? or any impact on her stamping due to this ?

Please help

[raghvi]

My wife is on H4 and has valid petition till year end but her I94 is getting expired within 4 days.
to add complexity i got one offer and am looking to do H1B transfer with new company.

i researched below options, please provide you take over it -

1) Go to CBP office and request for I94 correction to match validity with the petition ? any experience or suggestion in Dallas area CBP ? Doe's or don't

2) My current employer is filling i539 before i94 expiring, but what if in between i transfer H1B before i539 got approved ?

3) My wife goes out US, restamp visa (visa in passport already expired) in India with the current petition and come back with new I94. Can i pursue my H1 trasnfer in this period ? or any impact on her stamping due to this ?

Please help

Why is I-94 not matching the I797?

[lonewolf11]

Why is I-94 not matching the I797?

passport has visa of the previous company (June 2017 validity) and when she enter US, the office has given i94 validity based on that visa and not on I797.

[raghvi]

passport has visa of the previous company (June 2017 validity) and when she enter US, the office has given i94 validity based on that visa and not on I797.

In that case CBP may not entertain the request for giving extended I94 but no harm in trying. Be prepared to immediately send the I539 with current petition if CBP refuses. Considering only few days remaining in I94 expiry you may have to use lawyer to file nunc pro tunc request. If CBP refuses, would suggest to talk to an attorney.

This is my opinion not legal advice.

[lonewolf11]

In that case CBP may not entertain the request for giving extended I94 but no harm in trying. Be prepared to immediately send the I539 with current petition if CBP refuses. Considering only few days remaining in I94 expiry you may have to use lawyer to file nunc pro tunc request. If CBP refuses, would suggest to talk to an attorney.

This is my opinion, not legal advice.

Thanks raghvi, appreciate your response.

Yes am prepared to file i539 immediately once CBP refuses, this will be done by my current employer.
But my biggest worry I have an offer from new company, what will happen to this extension once I go for H1B transfer with new company. Can my current employer revoke this extension once i transfer ?

[raghvi]

Thanks raghvi, appreciate your response.

Yes am prepared to file i539 immediately once CBP refuses, this will be done by my current employer.
But my biggest worry I have an offer from new company, what will happen to this extension once I go for H1B transfer with new company. Can my current employer revoke this extension once i transfer ?

Are you planning on joining the new employer on receipt basis or waiting for petition approval?

[lonewolf11]

Are you planning on joining the new employer on receipt basis or waiting for petition approval?

am planning on receipt only, as premium processing is on hold.

[raghvi]

am planning on receipt only, as premium processing is on hold.

In that case, you are risking not only her status but yours too. Anyhow, once you get the H1 receipt, send an amendment to H4 I539 by giving reference to the latest receipt.

This is my opinion not legal advice.

[lonewolf11]

In that case, you are risking not only her status but yours too. Anyhow, once you get the H1 receipt, send an amendment to H4 I539 by giving reference to the latest receipt.

This is my opinion not legal advice.

thanks, yes i agree joining on the receipt is pure risk considering situation now. I'll try to convince my new employer to join on approval, but again not sure how long will it take.

One last doubt if you have an idea about his, once I put down the papers in the current company who is filling my wife i539, do they have the option to revoke i539?

[raghvi]

thanks, yes i agree joining on the receipt is pure risk considering situation now. I'll try to convince my new employer to join on approval, but again not sure how long will it take.

One last doubt if you have an idea about his, once I put down the papers in the current company who is filling my wife i539, do they have the option to revoke i539?

I dont think there is an option of withdrawal of I539. But they may not share the receipt or approval notice if approved, they may also not respond to RFE if any. Advisable to file it on your own, that way you would receive the receipt and RFE requests at your address rather than the employer's. If that is not possible, at least try to delay resignation till you get receipt of H4.

This is my opinion not legal advice.

[lonewolf11]

I dont think there is an option of withdrawal of I539. But they may not share the receipt or approval notice if approved, they may also not respond to RFE if any. Advisable to file it on your own, that way you would receive the receipt and RFE requests at your address rather than the employer's. If that is not possible, at least try to delay resignation till you get receipt of H4.

This is my opinion not legal advice.

thanks for all your opinion, i highly appreciate your response !!!