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Open thread I-94 Extension (any help would be greatly appreciated)

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  • Open thread I-94 Extension (any help would be greatly appreciated)

    I have a specific question related to my I-94 extension and any help would be of greaqt help.

    Fact:

    I am on H1B. Our (my family and I) I-94 is valid till Sep 15, 2008. We have valid H1B visa stamped on our passport till Sep 15, 2008.
    We want to travel to India in May 2008. I will come back to US in June 2008. My family will stay in India for the next 6 months (that means their I-94 will be expired by then).
    I want to apply for I-94 extension in June 2008 for myself and my family (while they are in India).
    I will be again traveling to India in Dec 2008. At that time I want to get our visa stamped on our passport from India. Otherwise we will not be able to enter US.

    My questions are

    [1] Will I face any issue while entering into US in June 2008 ?
    [2] After coming back to US can I apply for I-94 extension for myself and my family (at that time they will be in India) in June
    2008.

    [3] If I can't apply for I-94 extension for my family since they will be in India in June 2008; how soon (from now) can I apply
    for I-94 extension so that once it is extended then only I plan for India travel.
    Can I apply for extension in March / April 2008.
    I heard that extension can only be filed 60 days prior to expiration date.
    [4] If I can't apply for my family's I-94 extension while they are in India (and their I-94 expires on 15 Sep, 2008) how will they
    be able to come back to US again in Dec 2008. Do I need to apply for their new H4.

    Thnaks in advance.

  • #2
    have a specific question related to my I-94 extension and any help would be of greaqt help.

    Fact:

    I am on H1B. Our (my family and I) I-94 is valid till Sep 15, 2008. We have valid H1B visa stamped on our passport till Sep 15, 2008.
    We want to travel to India in May 2008. I will come back to US in June 2008. My family will stay in India for the next 6 months (that means their I-94 will be expired by then).
    I want to apply for I-94 extension in June 2008 for myself and my family (while they are in India).
    I will be again traveling to India in Dec 2008. At that time I want to get our visa stamped on our passport from India. Otherwise we will not be able to enter US.

    My questions are

    [1] Will I face any issue while entering into US in June 2008 ? NO
    [2] After coming back to US can I apply for I-94 extension for myself and my family (at that time they will be in India) in June
    2008. You can apply for your H1 extension, you will get an I-94 attached, if your family is in india, you cant apply for H4 extension with that, once you get an H1 extension, you family can use that and go for H4 stamping and re-enter the US and they would get a new I-94 at the POE

    [3] If I can't apply for I-94 extension for my family since they will be in India in June 2008; how soon (from now) can I apply
    for I-94 extension so that once it is extended then only I plan for India travel.
    Can I apply for extension in March / April 2008.
    I heard that extension can only be filed 60 days prior to expiration date. You can file it now , but until you get its prefereed you and your family stays here, you cant re-enter until you get approval.[4] If I can't apply for my family's I-94 extension while they are in India (and their I-94 expires on 15 Sep, 2008) how will they
    be able to come back to US again in Dec 2008. Do I need to apply for their new H4.
    Yes they need to get their H4 stamped before entering the US again.

    Comment


    • #3
      You should turn in your I-94 when you leave the country.

      A person cannot extend a stay if he is not in the country.

      I think you need to understand the differences between visa stamping and I-94.

      Comment

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