I-94 and H4 -I-797 and POE issue..

K

kishuibm

Registered Users (C)
My Friend situvation is this .. How can i help him..
----
I didn't apply for my wife's H4 extension along with my H1 extension.Both me and my wife are

stamped on XXX Company visa and I-94 till Dec 2003 and i got the new "YYY"H1 and i have I-94 came with the new I-797 till August 2005
Now, my Wife coming from india with her old existing Visa . now My Questions are
1)At the POE Is she has to show my new YYY I-794???
2)If she show my new YYY I-797, do she get the new I-94 till August 2005?? In this case can i send her papers and my papers for revalidation to St.Louis without her H4 I-797 extension??
(Where can i get the exact info about this.)

3)Though she shows my new YYY I-797 what if she dont get the I-94 extended up to August 2005 and she gets only till Dec2003.

4) Incase she gets I-94 till DEC 2003 Should i need to file i file I-539 on my own .. or do i need to consult my company or attrorny
5) Now its Oct and she will be coming on NOV ,.So is that OK Applying for her H4 Extension. I got very less time ..

Thanks
 
My Friend situvation is this .. How can i help him..
----
I didn't apply for my wife's H4 extension along with my H1 extension.Both me and my wife are

stamped on XXX Company visa and I-94 till Dec 2003
and i got the new "YYY"H1 and i have I-94 came with the new I-797 till August 2005

Now, my Wife coming from India with her old existing Visa .
now My Questions are
1)At the POE Is she has to show my new YYY I-794???
--- she should show at POE the passport Visa stamp with XX company AND your new H1 approval so that she can get newI-94 till your H1 approval notice
2)If she show my new YYY I-797, do she get the new I-94 till August 2005??
---YES
In this case can I send her papers and my papers for revalidation to St.Louis without her H4 I-797 extension??
(Where can i get the exact info about this.)
---- YES, when she reaches US
3)Though she shows my new YYY I-797 what if she don’t get the I-94 extended up to August 2005 and she gets only till Dec2003.
---- New officer at POE may commit a mistake giving her I-94 till Dec2003 She should ask to see the Supervisor if she faces experienced officer she will get I-94 till 2005
4) Incase she gets I-94 till DEC 2003 Should i need to file i file I-539 on my own .. or do i need to consult my company or attorney
---- She should fill up form I-539, attach the copy of your H1 approval notice, copy of her I-94 (front and back) your copy of I-94, copy of marriage certificate and Fee for BCIS fees $140, your 203 recent pay stubs and your employer letter ,no need of lawyer. List everything that you send on cover letter to BCIS. You should send her H4 extension before her I-94 expire
5) Now its Oct and she will be coming on NOV ,.So is that OK Applying for her H4 Extension.
---- once she reaches you can apply before her I-94 expires. I dont see any problem
 
So Ginnu ..
You mean to say She dont need a Extension of I-797 if she get a I-94 Till August 2005?????.
So the husband having the already approved status and his H1 B visa is going to over by Dec .. so they both can send their passports to St.louis at any time ..

So the extesnsion of I-797 is not required in case she get a new I-94 ??? and still she will be in status...
Is that right ..

Originally posted by ginnu
My Friend situvation is this .. How can i help him..
----
I didn't apply for my wife's H4 extension along with my H1 extension.Both me and my wife are

stamped on XXX Company visa and I-94 till Dec 2003
and i got the new "YYY"H1 and i have I-94 came with the new I-797 till August 2005

Now, my Wife coming from India with her old existing Visa .
now My Questions are
1)At the POE Is she has to show my new YYY I-794???
--- she should show at POE the passport Visa stamp with XX company AND your new H1 approval so that she can get newI-94 till your H1 approval notice
2)If she show my new YYY I-797, do she get the new I-94 till August 2005??
---YES
In this case can I send her papers and my papers for revalidation to St.Louis without her H4 I-797 extension??
(Where can i get the exact info about this.)
---- YES, when she reaches US
3)Though she shows my new YYY I-797 what if she don’t get the I-94 extended up to August 2005 and she gets only till Dec2003.
---- New officer at POE may commit a mistake giving her I-94 till Dec2003 She should ask to see the Supervisor if she faces experienced officer she will get I-94 till 2005
4) Incase she gets I-94 till DEC 2003 Should i need to file i file I-539 on my own .. or do i need to consult my company or attorney
---- She should fill up form I-539, attach the copy of your H1 approval notice, copy of her I-94 (front and back) your copy of I-94, copy of marriage certificate and Fee for BCIS fees $140, your 203 recent pay stubs and your employer letter ,no need of lawyer. List everything that you send on cover letter to BCIS. You should send her H4 extension before her I-94 expire
5) Now its Oct and she will be coming on NOV ,.So is that OK Applying for her H4 Extension.
---- once she reaches you can apply before her I-94 expires. I dont see any problem
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