H1 wants to sponsor B2 for Inlaws while h4 i94 expired and application under process

[trushna]

Hi,

I am on H4 and dont have a valid i539. My i94 expired 8 days ago. my husband transfer his H1 and forgot to transfer mine. Now our company's attorney will be filling for my i539 under nunc pro tunc. Now I want to call my mom to US my husband being the sponsor. Is it ok to file B2 visa for my mom, when I i94 is expired and applied for renewal and all my husband docs are in place. Please suggest.

[shervin143]

If your husband is sponsoring the B2, then yes.

[trushna]

Thank you for replying Shrvin143. But my i94 expired earlier than applying for new one. Then too you think its ok to apply for my mom's B2. Yes my husband is sponsoring and also he has valid i797 and I94.

[shervin143]

Yes. The person who is sponsoring need to be in valid status.