H4 Vacation within US

[RameshBabuR]

Hi,

I have the H1B Extension document and my VISA expired. In my H1B document i have the new I-94. But in my wife H4 document there is no I-94. In the document says use the lower portion along with the I-94 document. Current I-94 is an expired one for my wife. In the lower portion of the document it has only barcode and the address.we are actually going for a vacation this afternoon to florida.
a) Do you have to worry about this?
b) Is the H4 Extension document is enough along with the Old I-94 document.




Thanks
Ramesh Babu.

[RameshBabuR]

Urgent please someone reply.

[shervin143]

If your wife doesn't have a valid I-94 at present, then her stay in U.S is considered illegal. Any time spend in U.S after the I-94 expiry date will be considered illegal and it is of course an issue. When you are inside U.S, visa doesn't mean anything. Your I-94 will determine your legal status and it has to be valid to stay in the country.

The best option for her is to leave the country and return back in H4 visa. She will get a new I-94 at the POE. The more the illegal stay, the more problems she will encounter.