I-94 Correction

S

sansan

Registered Users (C)
My wife recently entered US. She had H4 visa stamped which is valid till June 2002. But recently I had switched my employers and had processed a new H4 which is valid till Aug 2003. When my wife entered USA the INS officer at the POE wrongly entered June 2002 as the expiry date, it should have been Aug 2003. Could you kindly let me know how we should go about correcting this error.

- S
 
No Title

Most probably, the new approval letter was not presented to the INS officer at POE and hence it was stamped with the old expiry date. You can have a look at her visa and check out what the name of the petitioner is on that. If the name is the same as your old employer; then it would clinch it. You might have to apply to extend her I-94 beyond that date as usual. Mere correction might not be entertained if it were a mistake on her part. But if indeed it is a mistake on the officer\'s part; they might rectify it and you might travel to the local INS office for this or to the POE.
 
I94 correction might not work if

your spouse does not have the new company\'s H4 stamp. If that is the case, You will be definitely be asked to go out and get the stamp or apply I539 separately for your wife. Try with the local INS, sub office or district office or POE. If all refuse, apply 539 based on your H1 approval notice.
 
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