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Travel after H4 I94 expiry with extension filed

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  • Travel after H4 I94 expiry with extension filed

    Hi,

    My wife's I94 is expiring on Oct-15th and my employer has already filed her I94 extension.

    Now due to some unavoidable reason she needs to go back to India. Our preferred travel date is end of October. She will be going for 3-4 months period so i hope we will get her new I94 before she comes back.

    I have couple of questions on this:

    1. Will there be any problem if she travels after I94 expiry with extension filed?
    2. After the extension approval she will get new I94 but she will be out of US and when she will come back she will get new I94. so she will have two I94s. kind of confuse about this...

    Appreciate if i can get some advice on this.

    Thanks!

  • #2
    1. Will there be any problem if she travels after I94 expiry with extension filed?
    >>> No.

    2. After the extension approval she will get new I94 but she will be out of US and when she will come back she will get new I94. so she will have two I94s. kind of confuse about this...
    >>> That is exactly why you are not suppose to leave the country when the extension is pending with USCIS. Search and read about the last action rule in immihelp. The last received I-94 will take precedence.
    Not a legal advice. Use of this information is strictly at your own risk.

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