Urgent Regarding the Extension and stay In US Please help Subramanya

[kurind]

Dear Subramanya and others

My situation is like this

i have my visa in passort and I 94 expired on March 07 and My I797 expires on Aug 02.
My wife got her visa stamped on June and she will be arriving on july 2 nd week to US.
My question.
My company has applied for an extension on March 17 07 and till the case status in USCIS website shows as case received and pending,
1. Will i am my wife will be able to stay in US after Aug 2nd or do i have to apply anything to
inordere to make it legal?
2. Is it legal to stay for both of us after this date if my visa extension is still in the status of pending?

3. If i get the visa before Aug 2nd , what should i do to extend my wife visa?

Thanks in advance

[prakashnadar]

Dear Subramanya and others

My situation is like this

i have my visa in passort and I 94 expired on March 07 and My I797 expires on Aug 02.
My wife got her visa stamped on June and she will be arriving on july 2 nd week to US.
My question.
My company has applied for an extension on March 17 07 and till the case status in USCIS website shows as case received and pending,
1. Will i am my wife will be able to stay in US after Aug 2nd or do i have to apply anything to
inordere to make it legal?
2. Is it legal to stay for both of us after this date if my visa extension is still in the status of pending?

3. If i get the visa before Aug 2nd , what should i do to extend my wife visa?

Thanks in advance

AFAIK if your i94 has expired then you are not permitted to stay further and it has nothing to do with your visa validity or i797 validity.

[YSM]

Dear Subramanya and others

My situation is like this

i have my visa in passort and I 94 expired on March 07 and My I797 expires on Aug 02.
My wife got her visa stamped on June and she will be arriving on july 2 nd week to US.
My question.
My company has applied for an extension on March 17 07 and till the case status in USCIS website shows as case received and pending,
1. Will i am my wife will be able to stay in US after Aug 2nd or do i have to apply anything to
inordere to make it legal?
2. Is it legal to stay for both of us after this date if my visa extension is still in the status of pending?

3. If i get the visa before Aug 2nd , what should i do to extend my wife visa?

Thanks in advance

Questions back to you:
1) What is your wife's Visa? H1 or H4? ( I am assuming that she is on H4)
2) looks like you typed wrong, your H1 gets expired on Aug'07 not Aug'02 : Am I right?
And few answers for your Questions:
1) You and your wife(if she is on H4 from your H1) are perfectly legal to stay in USA even your I-94 got expired, since you have applied for the extension before the current H1 gets expired. You and your wife MUST always needs to carry the Expring H1 (i-797 - Notice of approval), old I-94 and the new H1 Extension application Notice. If your wife is arriving to US, please send a copy of your Extension notice to her ASAP. She must show your current(and expring) H1, the new H1 extension application receipt notice at the port of entry in US.
2) Your H1 extension was applied alreayd. Does your wife's H4 extension also applied along with that? Typically they both needs to be applied at once. If they both were applied once, you will get both of them extended at the same time and there will be no issue.
If you didnt apply your wife's H4 extension along with your H1 Extension, please apply it IMMEDIATELY before your H1 Extn gets approved, that way you both can get the extn at the same time for the same period. Please add a covering letter for her H4 Extn with your H1 Extn, and its notice and your existing H1 etc, and request them to extend her H4 along with your H1.
Good luck

[kurind]

Dear Friend
Q1. Ans- My wife Visa is H4
Q2. Ans - My visa expires on 2 nd of Aug 07
Reg the application ,My wife got the visa (ie july 07) only after i applied for the extension on March 07 .So i was not able to apply in one shot.

So i will have to apply for her extension once she lands in US right?

What will be the formalities for that ?
Please guide me through the same.
But still my H1 extn is pending and i don't know when i will get the approval for the extension ,so how can i apply for my wife the same extension?
So can she stay in US after Aug 2nd even if my visa is not approved by that time ?
Thanks for the quick response ,i really appriciate the same.

[waitin_toolong]

apply for her extension as soon as she gets here.

the other posters are trying to advise you without understanding your situation. You could not possibly have applied for her extension prior to her arrival here.


include a copy of all your extension paperwork and receipt and ask them to adjudicate it together.

[kurind]

Thank you very much for the help .
I really appriciate the same.