Hi, my current h1b expires on 30 sept 03 and I'll be going to Canada to get it revalidated in mid september. Now, is it necessary for my wife, who is on H4, to get it revalidated at the same time? Or could she do it later in the year, in December? (Both our existing I94s expire on sept 30. So, is the new I94 on my approval form enough to maintain my wife's status?). I would appreciate any help in this regard.
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Curious Problem
- Thread starter sleemddd
- Start date
Hi, my current h1b expires on 30 sept 03 and I'll be going to Canada to get it revalidated in mid September. Now, is it necessary for my wife, who is on H4, to get it revalidated at the same time?
--- YES as her H4 and her I-94 is going to expire on September 30
Or could she do it later in the year, in December?
---- If you have new I-94 attached with your new H1 approval or H1transfer notice it is only valid for your H1b status not for your wife H4 status. You have 3 options:
--1 both should get H visa stamped
-----2 file for her H4 extension immediately fill up the form I-539, pay the BCIS fee $ 140 for H4 extension attach her current copy of valid I-94(front and back) attach copy of your new H1 approval notice and mail all the documents to BCIS immediately (she can NOT get H4 status extended if you file after Sep 30, if you file now she will get H4 extended and will get new I-94 attached with H4 extension notice till the validity of your new H1 approval notice and can stay in US when she goes out of US she can get H4 Visa stamp or can send Passport for visa revalidation in US through DOS.
-------3 She should go out of US now and re- enter US before 30 September (as her H4 visa is still valid) and can show your H1 approval notice at POE, she will get new I-94 based on your new H1 status
--- YES as her H4 and her I-94 is going to expire on September 30
Or could she do it later in the year, in December?
---- If you have new I-94 attached with your new H1 approval or H1transfer notice it is only valid for your H1b status not for your wife H4 status. You have 3 options:
--1 both should get H visa stamped
-----2 file for her H4 extension immediately fill up the form I-539, pay the BCIS fee $ 140 for H4 extension attach her current copy of valid I-94(front and back) attach copy of your new H1 approval notice and mail all the documents to BCIS immediately (she can NOT get H4 status extended if you file after Sep 30, if you file now she will get H4 extended and will get new I-94 attached with H4 extension notice till the validity of your new H1 approval notice and can stay in US when she goes out of US she can get H4 Visa stamp or can send Passport for visa revalidation in US through DOS.
-------3 She should go out of US now and re- enter US before 30 September (as her H4 visa is still valid) and can show your H1 approval notice at POE, she will get new I-94 based on your new H1 status