H-4 I-94 duration

[sunnyla]

On December 20, my friend entered US at Dallas on a H-4 Visa. She is here to join her husband who has H-1 status that won't expire for another 2 years and can be renewed once. Upon her entry at the POE the officer wrote on her I-94: "H4 23FEB 05", which means she was given 3 months to stay with her husband.

This is somehow puzzling. We both thought the H4 status should be valid as long as her husband's H-1. Could it be that she needs to renew her H4 status every 3 months, or she is only allowed to stay with him for 3 months? What does she need to do? Thanks a lot in advance for your views.

Visa Page info:
passport number:xxxxxxxxxx
visa type/class: R H4
Entries:1
Issue Date: 04Nov 2004
Expiration Date: 03Feb2005
Annotation: P/A XXX XXXX

I-94 Page:
H4 23FEB 05

 

[ginnu]

On December 20, my friend entered US at Dallas on a H-4 Visa. She is here to join her husband who has H-1 status that won't expire for another 2 years and can be renewed once.
Upon her entry at the POE the officer wrote on her I-94: "H4 23FEB 05", which means she was given 3 months to stay with her husband.
------- did she has H4 visa stamp valid only till 23 feb 2005????? if yes then POE officer is correct, if she has H4 Visa stamp validity till the spouse H1 validity then she was supposed to get I-94 till H1 spouse H1.

This is somehow puzzling. We both thought the H4 status should be valid as long as her husband's H-1.
------ 1.till what date husband has Valid VISA stamp???
2.or he has only H1 approval notice and no Visa stamp??
3.did the primary H1 holder change the employer or transfred H1?? did she show the spouse new H1 approval notice at POE
---

Could it be that she needs to renew her H4 status every 3 months, or she is only allowed to stay with him for 3 months?
-------- she can stay till her spouse H1, as at POE the officer did a mistake and gave her I-94 only for 3 months, she need to file H4 extension ASAP with form I-539 with USCIS BEFORE her I-94 gets expired
What does she need to do?
---- if it is POE officer mistake then she can go to same POE and can get I-94 corrected ask for supervisor and point out the mistake or file her H4 extension

***** find the attachment for I-94 correction
Thanks a lot in advance for your views.

Visa Page info:
passport number:xxxxxxxxxx
visa type/class: R H4
Entries:1
Issue Date: 04Nov 2004
Expiration Date: 03Feb2005
Annotation: P/A XXX XXXX

I-94 Page:
H4 23FEB 05

 

[sunnyla]

Thanks a lot, Ginnu. As for my friend's visa situation, her H4 VISA allows her to enter US by Feb 03, 2005 (1 entry only). But on how long she is supposed to stay is completely up to the immigration officer at the POE, I believe.

There is a difference between VISA and Status. Visa says when do you need to come to US, while the status on one's I-94 says how long one can stay. In my friend's case, the POE officer should given her a status that goes with her husband's H-1 status, which won't expire for another 2 years.

As you said the POE officer must have made a mistake. I have never heard of people going back to the airport for I-94 correction. I will tell her to follow the steps listed on your PDF file and go see CIS officer first. Since her I-94 was issued by a border control officer, CIS likely (& hopefully) will refer her to the right people at the airport POE. I will post an update if there is any news.

 

[ginnu]

Thanks a lot, Ginnu. As for my friend's visa situation, her H4 VISA allows her to enter US by Feb 03, 2005 (1 entry only).
----- why 1 entry?? H4 is for multipal entry. what is the Citizenship of your friend???? does he/she belong to China???
But on how long she is supposed to stay is completely up to the immigration officer at the POE, I believe.

There is a difference between VISA and Status. Visa says when do you need to come to US, while the status on one's I-94 says how long one can stay.
--correct
In my friend's case, the POE officer should given her a status that goes with her husband's H-1 status, which won't expire for another 2 years.
---that is correct
As you said the POE officer must have made a mistake. I have never heard of people going back to the airport for I-94 correction.
---many have gone and corrected I-94 if it is POE officer mistake
I will tell her to follow the steps listed on your PDF file and go see CIS officer first. Since her I-94 was issued by a border control officer, CIS likely (& hopefully) will refer her to the right people at the airport POE. I will post an update if there is any news.