H4 with no I-94

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akilhere

Registered Users (C)
I received an extension for my wife's H4. But it did not contain a new I-94. Is that a cause for concern? Her current I-94 expired yesterday. Her I-797 has ben approved until June 2006. But not I-94 cards or attachments. Is she out of status? Please help.
 
akilhere said:
I received an extension for my wife's H4. But it did not contain a new I-94. Is that a cause for concern? Her current I-94 expired yesterday. Her I-797 has ben approved until June 2006. But not I-94 cards or attachments. Is she out of status? Please help.
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If her 485 is pending, she is not out of status. If not, then, yes, she is out of status. She need to leave the country and enter after getting a new H4 visa stamp in her passport. She need to get H4 stamped in the passport if the stamped visa has expired. She will get a new I-94 at port of entry.

There may be some reason for USCIS to not isuue I-94 with H4 approval or it can simply be a mistake. In some cases, where USCIS think that the person has stayed here as out of status, they do not issue I-94 with the extension.
 
Thanks Eric

Her I-485 is pending. She also has got her EAD renewed until Oct 2006. Can we request the service center for her missing I-94 cards?
FYI, she did not receive a I-94 atachment with her previous H4 renewal.

I'm getting worried about it.
 
akilhere said:
Thanks Eric

Her I-485 is pending. She also has got her EAD renewed until Oct 2006. Can we request the service center for her missing I-94 cards?
FYI, she did not receive a I-94 atachment with her previous H4 renewal.

I'm getting worried about it.
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I think you can request it, but I do not know how. Also I do not know if USCIS will accept this request or not. I suggest that you should consult an attorney for this.
 
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