I-94 for H4 not tied to H1's I-797 and expired. Please help!

S

sacredfighter

New Member
Dear all:

I am aksing for your advice.

I am on H-1B and my I-797 form clearly lists the expiration date is June 04, 2011 (I just got this job this June).

My wife came to states to join me on Sept.1, 2008 using H-4 visa. When she entered US boarder at Dulles Internatioinal Airport, we were kind of too happy to check her I-94 card, assuming that she can stay here as long as my I-797 is valid.

When we planned to visit Canada this Christmas, we were shocked to find the expiration date written on her I-94 was Nov.11, 2008 which was not tied to my I-797 status at all.

Now that her I-94 is offcially out of status, I wonder if any one could kindly tell us:

1. whether the port CBP officer at Dulles Airport made a mistake; and

2. how to fix this problem to keep my wife's I-94 tied to my I-797 (can we go to the airport CBP office and ask them to renew my wife's I-94?).

We'd greatly appreciate your advice.

Thanks again.
 
You should have checked it before. Now without adding any out-of-status days, simply leave the US and enter back. I assume her visa is still valid.
 
sacredfighter said:
Dear all:

I am aksing for your advice.

I am on H-1B and my I-797 form clearly lists the expiration date is June 04, 2011 (I just got this job this June).
------------------------till what date is your H1 visa stamp valid in your passport? did you file H1 extension or changed employer?

My wife came to states to join me on Sept.1, 2008 using H-4 visa. When she entered US boarder at Dulles Internatioinal Airport, we were kind of too happy to check her I-94 card, assuming that she can stay here as long as my I-797 is valid.

When we planned to visit Canada this Christmas, we were shocked to find the expiration date written on her I-94 was Nov.11, 2008 which was not tied to my I-797 status at all.

Now that her I-94 is offcially out of status, I wonder if any one could kindly tell us:

1. whether the port CBP officer at Dulles Airport made a mistake; and

2. how to fix this problem to keep my wife's I-94 tied to my I-797 (can we go to the airport CBP office and ask them to renew my wife's I-94?).

We'd greatly appreciate your advice.

Thanks again.
Click to expand...
1. Till what date her H4 visa stamp was valid when she entered US through Dulles Airport on Sept.1, 2008 ? If her H4 visa stamp was valid till Nov.11, 2008 then CBP officer is correct and gave her I-94 till her H4 visa stamp.

2. It seems it is your first time H1 Visa and you got your H1 Visa stamp and then came to US and your H1 visa stamp is valid till June 04, 2011 and you got I-94 at POE till Visa stamp validity. If she got H4 visa stamp based on your H1 status then she was supposed to get her H4 visa stamp valid till June 04, 2011 and at POE she should have got I-94 till June 04, 2011.

3. If she has Valid H4 visa stamp till June 04, 2011 then CBP officer did a mistake and she should go to Dulles airport deferred inspections and get her I-94 corrected.
** if any info from your side is missing in your post then provide full info so that we understand correct situation.


Deferred Inspection:
http://www.cbp.gov/linkhandler/cgov...ction_sites.ctt/deferred_inspection_sites.pdf

Dulles airport
Contact the INS at 703-661-5100.
Contact U.S. Customs and Border Protection Service at 703-661-3632, ext. 100.

Dulles International Airport
Main Terminal, Lower Level, West End
International Arrivals Building
Dulles, VA 20168
703-661-5106.
Go to the main terminal, lower level, west end. Immigration Office is in the International Arrivals building

Name: Passenger Operations
Phone: (703) 661-2800
Fax: (703) 661-2891
-------------
also read:
http://www.immihelp.com/visas/i94.html
 
Last edited by a moderator:
Thanks a lot, kabkaba and ginnu. Really appreciate your thorough thought and all the helpful information.

As requested, here are more details about our situation:

This is my first full time job (I was on F-1 before) and I got my I-797a approval notice on June 03, 2008. That's why it will not expire until June 04, 2011. I was in United Stats when I got I-797a approval. There was no visa stamp on my passport then since I didn't need to enter US.

Then in July 2008, I was sent back to China to attend a workshop. I got my H-4 visa stamp in Beijing to re-enter US. That visa-stamp expires in October but the I-94 I got at the airport still lists my status valid until June 04, 2011 which is tied to my I-797.

In August 2008, my wife successfully got her H-4 visa approved in Beijing and she entered US at the Dulles Airport on Setp.1, 2008. Yes, the expiration date on her visa stamp is Nov.11, 2008, the same as on her I-94.

In a word, both our visa stamps expire in 3 month after being issued (according to visa rules in China). My I-94 is tied to my I-797 while my wife's I-94 is not.

To my knowledge, visa only states the valid period of Entering US; it doesn't indicate the validity of STAYING in US. I-94 is the document that states the validity of staying. Correct? I think that's why we have the Automatic Revalidation rule (re-enter US when visa expires but I-94 still valid).

So, why should the I-94 expiration date be the same as visa stamp? They mean different things. When I was on F-1 status, every new visa stamp I got when I travle back and forth between China and US expired in one year but my I-94 always states "D/S" (Duration of Status) which is tied to my I-20 form.

I suppose the relationship between H visa and status shoud be the same, right? Moreover, when my wife got her visa stamp at the US embassy in Beijing, she was told by the visa officer that she can stay in US as long as my I-797 form is valid despite the fact that her visa might expried.

So, does US embassy in India always issue H-4 visa stamps tied to H-1's I-797 status?

Thanks again, ginnu.

I'll also call the airport INS and CBP office to find more.
 
sacredfighter said:
Thanks a lot, kabkaba and ginnu. Really appreciate your thorough thought and all the helpful information.

As requested, here are more details about our situation:

This is my first full time job (I was on F-1 before) and I got my I-797a approval notice on June 03, 2008. That's why it will not expire until June 04, 2011. I was in United Stats when I got I-797a approval. There was no visa stamp on my passport then since I didn't need to enter US.

Then in July 2008, I was sent back to China to attend a workshop. I got my H-4 visa stamp in Beijing to re-enter US. That visa-stamp expires in October but the I-94 I got at the airport still lists my status valid until June 04, 2011 which is tied to my I-797.

In August 2008, my wife successfully got her H-4 visa approved in Beijing and she entered US at the Dulles Airport on Setp.1, 2008. Yes, the expiration date on her visa stamp is Nov.11, 2008, the same as on her I-94.

In a word, both our visa stamps expire in 3 month after being issued (according to visa rules in China). My I-94 is tied to my I-797 while my wife's I-94 is not.

To my knowledge, visa only states the valid period of Entering US; it doesn't indicate the validity of STAYING in US. I-94 is the document that states the validity of staying. Correct? I think that's why we have the Automatic Revalidation rule (re-enter US when visa expires but I-94 still valid).

So, why should the I-94 expiration date be the same as visa stamp? They mean different things. When I was on F-1 status, every new visa stamp I got when I travle back and forth between China and US expired in one year but my I-94 always states "D/S" (Duration of Status) which is tied to my I-20 form.

I suppose the relationship between H visa and status shoud be the same, right? Moreover, when my wife got her visa stamp at the US embassy in Beijing, she was told by the visa officer that she can stay in US as long as my I-797 form is valid despite the fact that her visa might expried.

So, does US embassy in India always issue H-4 visa stamps tied to H-1's I-797 status?
----------------YES
Thanks again, ginnu.

I'll also call the airport INS and CBP office to find more.
Click to expand...

--- Please contact your lawyer, I dont know much about H4 procees in China or I-94 validity.
 
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