H4/I-94 issue.

N

neversaydie

Registered Users (C)
My wife is on H4 visa which is valid till April 2003. However her I-94 has validity stamped until AUG 2002. I have applied for I-485 this week.

My question is Do i need to apply for extension/change of her I-94 validity or my status using form I-539? I am confused about status, Will it be based on my I-94, H4 or I-485?
 
What does your H-4 approval notice say? Form I-797.

April 2003? In that case you could go to the local office with your documents and apply for a new I-94.
 
We did check with INS they said we need to file I-539 form. However the issue is now since we have filed I-485 should we seek change in I-94 or status.
 
No Need

If the 485 receipt date falls before the expiry date you are fine (generally it is 2-5 days from the date INS received your application). Being on Adjsutment of Status is a valid status.
The only risk is if lawyer delayed sending 485 to INS (which they are notorious of) or if your application is considered frivolous or incomplete by INS and is returned.
if the check is cashed you can bet your horses that the application has been accepted.
However in order to leave US and come back she will need to use AP here afterwards.
Did you apply for her AP? If not do it after you receive 485 receipt notice.
 
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