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I-94 Extension of Duration of Stay???

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  • I-94 Extension of Duration of Stay???

    I have H1 visa and I-797 valid till Sep 2013. My dependant wife and daughter (minor) also have H4 visa and I-797 valid till september 2013. When my wife and daughter came to USA in September last year, they were issued I-94 with a duration of stay only till Feb 1, 2011 (same date as Indian Passport expires) and not till September 2013. I have applied for their new passports at the Indian Embassy. My question is whether my wife and daughter need to apply to extend their I-94 keeping in view that they already have valid H4 visa and I-797. Will their status be still valid in USA or they will be out of status from the date of expiration of their I-94 which is February 1, 2011?
    Thanks a lot for your guidance and help.

  • #2
    Yes, you would have to file for an extension for them or they can travel and return again to get the I-94 till 2013.

    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.


    • #3
      They can try to visit a CBP post at nearby international airport with their new passports to get the I-94's extended. If that does not work, both of them have to file I-539's to get extended I-94's or leave the US and return (with the same Visa and your petition approval notice) to get new extended I-94's.
      This is my opinion and not legal advice.