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  • H4 Visa, I-94 Extension

    Hi,
    My family has H4 Visa stamped until Sept. 30, 2009 with Employer A, and I797until Nov. 14, 2010 with Employer B.
    Recently they were visiting India and during the visit they could not go for stamping.
    On Sept. 1, 2009 they returned back to US and at POE they got the I-94s only upto Sept. 30, 2009. Even though
    they tried to show their I797s which are valid until Nov. 14, 2010, the officer at POE said they dont really care about
    I797 and what matters to them is the Visa in the Passport and it is expiring on Sept. 30, 2009.

    So please, can somebody spare some time, to advise me on what is the process to get the I-94 extended.
    Can I get them extended internally or should I have to go out of the country ?

    1. Which forms I have to fill and what documents I have to attach ?

    2. My family is wife and 2 kids, should I apply individually for each of them or
    whether I can make a single application for all three.

    3. Is 3 weeks time sufficient to apply for I-94 extension, as I read
    somewhere that I-94 extension should be applied atleast 4 to 6 weeks
    before the expiry of I-94.

    Thanking you in advance for your time.

    ahbos1401

  • #2
    Form I539. Read more about it on the forum. Documents to be enclosed are the H1b petitioner's approval copy, visa/passport copy, marriage/birth certificates, passport copies of the applicants, paystubs of the H1b holder for past 4-6 weeks, fees etc.

    First, try to go to a closest CBP office and get the I-94 corrected. Did they carry your I797 approval or the H4 extension approval? They need to carry your I797 extension with employer B.

    All international airports have the CBP deferred admissions office that can make correction to the I-94. The officer is definitely wrong in his explanation. They have to go by the I797 of the primary H1b holder for the date.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

    Comment


    • #3
      H4 Visa, I-94 Extension

      Thanks a lot for your time and advice.

      Comment


      • #4
        I94 CORRECTION - please help

        hi,

        I am in H4 visa. I travelled to India recently but I forgot to carry my I797 which has I94 extension too. So in POE( 2 days b4), I got my new I94 which is only valid till my visa date Jan 2010 but in I797, the I94 says it is valid till 2012. Is my I94 in my I797 is vaild now? because that I94 number is same as tht of my old I94.

        Do i need to contact CBP and get my new I94 corrected or my I94 in I797 is still vaild?

        thanks,
        sakthi09

        Comment


        • #5
          The I-94 in your approval notice is no longer valid. You need to return that I-94 to CBP. Yes, contact CBP and get a new extended I-94. If that doesn't work, then you need to leave the country and re-enter.

          Returning an Uncollected Form I-94 Back to U.S. Customs and Border Protection
          Not a legal advice. Use of this information is strictly at your own risk.

          Comment


          • #6
            Originally posted by ahbos1401 View Post
            Thanks a lot for your time and advice.
            HI ahbos1401,
            Did you visit CBP officer?My wife also got the same answer in POE and got I94 for short period.Her H4 visa and I94 getting expired on Jan 10-2010.
            What is the approach you are taking?

            Please send me the mail to [email protected] to communicate further.

            Thanks,
            Reddy

            Comment


            • #7
              Thanks a lot for your reply. Let me explain my case in detail and what CBP officer old me.

              I am in H4 visa and I have the visa stamping in my passport valid till Jan 15 2010.When I entered US after visa stamping, I got my I94( say, number xxx) valid till Jan 15 2010. My husband and I applied for visa extension and On September, we got the visa extension paper I797A - valid from Jan 16 2010 to March 12 2012. With that I797A, I also received the I94 extension( the same number, xxx) valid starting only from Jan 16 2010 to March 12 2012. So I had two I94's (same number, xxx) onle valid till Jan 15 2010 and other starting from Jan 15 2010.

              I went to India, in airport, the officials took my I94 (xxx) - attached to my passport. I still have my I94(xxx) attached to that of my I797. My husband didn't travel with me that time.When I entered US in December, I didnt have my I797 that time in hand, the immigration officer gave me an I94 (number yyy), which is valid only till Jan 15 2010. He said I have to go out of the country before Jan 15 2010 and come back again with I797 to get new I94 with extended date.

              Then, I went to CBP officer and she said I dont need to worry about my current I94(yyy) and no need to change the date in the I94 because the old I94(xxx) attached to my I797 is valid only from Jan 16 2010 to March 2012 and I have other I94(yyy) valid till Jan 15 2010 and the dates are not overlapping.

              I have got 2 I94s with 2 different numbers - recent one(yyy) valid till Jan 15 2010 and old one(xxx) valid starting from Jan 16 2010.

              Please tell me know what should I do in this case.

              I am ok with all the current papers or i have to go out and come back. Is there any way to get I94 ext. from USCIS.

              Thanks,
              sakthi09
              Last edited by sakthi09; 12-10-2009, 11:06 AM.

              Comment

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