Is H4 extension required if i94 is already updated as per h1b i797

[VarunSingh]

• I changed my job in April 2020. At that time my family was in india.
• H1b visa validity with previous employer is till September 20th 2020.
• H1b validity with New employer till: January 31st 2022.
• My wife and son travelled recently to usa in July 2020 on H4 valid till 20th September,2020.
• However at port of entry she showed my recent I797 and they updated my son’s and her I94 till January 31, 2022.

Question:

1. Do I need to file an H4 extension now as there i94 is already updated?
2. Will they face any issue if they are traveling out of usa.
3. How will my wife and son will get their i797 if applicable.

[rkk09]

Hi Member,
Please see my response below.
Do I need to file an H4 extension now as there i94 is already updated?
Answer: As per my knowledge No. Since you have I-94validity, with that they can remain stay in the USA until I-94 validity. Kindly have a discussion with Immigration Attorney then move forward.
Will they face any issue if they are traveling out of usa.
Answer: if they are travelling after their current visa expires then they will need a visa ext in order to come back to the USA.
How will my wife and son will get their i797 if applicable.
Answer: If you file the petition only will get I-797. In your case, the process is different.
Thanks