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H4 extension problem!

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  • H4 extension problem!

    I am working on H1 B. My wife came to US about a year ago with H4 visa which expired first week of Dec, 2000. But my H1 is valid untill the end of feb, 2001. I already filed for H1 extension and asked for H4 extension as well. I have been told by someone that as long as my H1 is valid my wife is okay to live in US. Could somebody tell me what may happen. Will she be considered out of status? if so what
    can be done? Thanks.

  • #2
    You being in status does not necessarily mean your wife is in status. You will always have to file for an extention. What determines the status is the date on I-94.

    First of all i do not understand how your wife will have a date of Dec 2000 whereas your H1 was valid till Feb 2001. I do not personally understand the dates of H1 etc but if at the port of entry you showed a H1 valid till Feb 2001 then both of you should get i-94 valid till Feb 2001. It is possible that the people at the port of entry do mistakes ( accidently the put the expiry of the visa as the expiry of I-94 - which is incorrect) - this happened to me and i had to go to the port of entry to get this corrected.

    Contact INS at the port of entry and take their advise. Realy speaking this can be done at the local INS. It just depends ... you know what i mean ?

    Good luck and get the I-94 date corrected and your wife will be all set.

    Hope this helps. Again this is just based on the information i picked up (did a lot of research for my problem).