H4 and I-94

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cannon576

Registered Users (C)
Can a H4 holder, who has visa only till end of june but his/her spouse has H1 extension approved for another 2 years, get I-94 valid for another two years, from port of entry (airport) or at the border post?
Or, is it necessary to file for I-539 - extension of stay, for H4 holder to stay beyond the dates allowed by visa and I-94?
 
Originally posted by cannon576
Can a H4 holder, who has visa only till end of june but his/her spouse has H1 extension approved for another 2 years, get I-94 valid for another two years, from port of entry (airport) or at the border post?
Or, is it necessary to file for I-539 - extension of stay, for H4 holder to stay beyond the dates allowed by visa and I-94?
Click to expand...

I-539 extension of stay is required. THe H4 holder becomes out of status after end of June. H1 extension for spouse does not automatically extend H4 status, it need to be applied for.
 
H4 holder wont be out of status if s/he can get his/her I-94 to be valid for another 2 years based on the spouse's h1 approval at the port of entry, isnt that true? If true, then I-539 wont be needed!!?
 
Originally posted by cannon576
H4 holder wont be out of status if s/he can get his/her I-94 to be valid for another 2 years based on the spouse's h1 approval at the port of entry, isnt that true? If true, then I-539 wont be needed!!?
Click to expand...

I don't think so. H4 holder needs a valid H4 visa to enter US. H4 holder is authorized to stay as long as her H4 status, not spouse's H1 status. I-539 is definitely needed to extend status.

The only exception is when a first time H4 applicant applies for H4 visa at a US consulate. At that time, H4 visa is granted based on principal applicant's H1, no separate H4 approval is required.
 
It's possible for an H-4 holder to leave the US prior to H-4 expiration. Then take all necessary papers to the consulate (just like getting the first H-4) and obtain a new H-4 visa stamp and then reenter the US on the new stamp. That will provide a new I-94.
 
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