Extension of H4 visa - required?

[jefrin]

Hi,

I am currently in the US on H1-B visa that is expiring on 21 May 2009. I had applied for my extension and it was approved with new I-94 valid till 12 Nov 2011.

My wife had travelled to the US on 20 Mar 2009 with her H4 visa stamped on passport valid till 21 May 2009. At the POE, the officer issued her the I-94 valid till 12 Nov 2011 based on my extension approval. (My wife does NOT have a separate extension approval)

So, currently her H4 visa stamp on the passport expires on 21 May 2009 but her I-94 is valid till 12 Nov 2011. Do I have to apply for her H4 extension now or is it legal for her to stay in US after Visa expiry till her I-94 validity?

[txh1b]

She is fine till DOE of the I-94. Once inside US, I-94 governs your stay, not the visa.

[jefrin]

Thanks for the reply, txh1b!!

We were getting conflicting advises from some people who said the extension needs to be applied before visa expiry date. But the officer at POE did not mention anything like that to my wife while giving the I-94 for the extended expiry date based on my H1 extension petition.

So I guess we are good till I-94 expiry..