I-94,H4-I797 &POE issues.. Help..

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
 
All H4s need to be extended along with H1s.
1. yes she can
2.apply for h4 extension (I539) and after approval send it to st.louis for revalidation.
3. She will get only till Dec2003
4. You can file on your own, but better with attorney. you definitely need company's cooperation
5. Apply after she comes into US
 
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.
----- if she shows valid H4 visa stamp in Passport AND your H1 approval at POE she is supposed to get I-94 till 2005(your H1Approval notice expiry date) if the inspector gives till 2003Dec she should ask for supervisor at POE and she will get I-94 till 2005
 
Thanks jaxan and jinnu
Though we get the I-94 for XXX company visa or YYY company visa
Do we need to file I-539 or not
lets think abou the scenario..
1)OK.If she get XXX (old company) visas I-94 .. She got time only for a month Becasue the old company visa is going to expire ..So we must file I539
and once we approve we will send them to St.louis
2)What if she get YYY company visa I -94 till August 2005.
Can we send her papers along with her husband new yyy company papers to st.louis???
In this case dont we need her H4 Extension ???
Bit tricky ..situvation


Originally posted by ginnu
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.
----- if she shows valid H4 visa stamp in Passport AND your H1 approval at POE she is supposed to get I-94 till 2005(your H1Approval notice expiry date) if the inspector gives till 2003Dec she should ask for supervisor at POE and she will get I-94 till 2005
Click to expand...
 
Thanks jaxan and jinnu
Though we get the I-94 for XXX company visa or YYY company visa
Do we need to file I-539 or not
lets think abou the scenario..
1)OK.If she get XXX (old company) visas I-94 .. She got time only for a month Because the old company visa is going to expire..So we must file I539
and once we approve we will send them to St.louis
--- Correct
2)What if she get YYY company visa I -94 till August 2005.
Can we send her papers along with her husband new yyy company papers to st.louis???

In this case dont we need her H4 Extension ???
---- You can send her PP for revalidation of Visa sticker, because if she gets I-94 valid till august 2005 her H4 status has been already extended, no need to file H4 extension with I-539, she will be in H4 status as She will get I-94 till 2005
 
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