problem in I94

A

aks11

New Member
Hello,
Currently me and my spouse (h1 and h4)has visa expiry dates as 5 july 2003.
I got my new h1 extension valid till sept 2005. I visited UK last month for business trip with my spouse.
While entering back to US, INS officer gave both of us i94 with sept 2005 dates.
15 days after this we received new h4 extension for my spouse with sept 2005 as vaild dates.
Is this an issue? Because instead of entering on her h4 she entered on my h1. that means INS should have issued her
i94 with 5 july 2003 and not sept 2005.
Soes that mean my spouse has to leave the country before the 5 july 2003. Or she can stay more than that
according to her i94 (sept 2005 which i think is incorrect).
Also, we both plan to go to India for the new visa stamping, I can stay more than 5july 2003. But can she?

Regards,
aks
 
“Is this an issue? Because instead of entering on her h4 she entered on my h1”
--How your wife can enter with your H1B if she is on H4? You have different name and different passport.
I hope you both entered US on same date, the Officer gave her I-94 with H4 status according to your H1 validity date and it is correct as she is on H4 and the officer was experienced he gave her derivative status on her H4 according to your H1b approval notice.( because if the spouse enter on H4 status on POE if she shows the primary applicant H1b extension and that has validity more than her H4 visa than officers are allowed to give derivative status I-94 to spouse)
Please rephrase your question.
What validity date you have ob your Passport Visa sticker
-- If you have new H1 approval validity till September 2005 it means you also got your new I-94 attached with approval valid till September 2005
--- If your wife also got her H4 extension approval then it has to be valid till September 2005. If she got new I-94 attached with her H4 extension that I-94 is correct and can stay in US till the validity of I-94
“Also, we both plan to go to India for the new visa stamping, I can stay more than 5july 2003. But can she?”
--If you have valid H1B approval till September 2005 and valid I-94 you can stay in the US with out Visa stamp in your Passport. If she has H4 extended and new H4 approval Notice and new I-94, she can also stay till the validity of her new I-94 that is attached to her H4 extension.
-- When she goes to India she can get H4 visa sticker in her passport if visa sticker is expired. She does not need H4 Visa sticker to stay in US. Visa sticker is only for travel.


---You both can revalidate your H1b and H4 visa sticker in Passports from Department in US if you are eligible.
 
Thanks very much Ginnu!
I am sorry I didn't phrased the question properly. Though you answered most of it.
What I want to ask is, While entering in USA, officer gave both of us new I94 based on my h1 extension. But at the same time new h4 extension of my wife with the same valid date was in my mailbox (which I was not aware of). I am sure there is no issue. What made me confused is that one of the lawyer(our companies law firm) who applied for h4 extension told me that my wife should have got the i94 based on her h4 extension and not on my h1 extension (even if the both dates are sept 2005). But as officer gave i94 to both of us based on my h1 ext, her h4 ext which is approved becomes invalid. Maybe there is no issue or I misinterpreted it.
I think you have mostly answered my question . Thanks again.
Here is the rephrased question.
So is her h4 still valid?
we both have passport validity on sticker as 5july 2003.
We both have now i94 with 30 sept 2005 and both have h1 and h4 extension with 30 sept 2005 dates.
So she can stay till 2005 without sticker. Right? Please confirm
The only thing is that on her stamping at POE the reference given on her passport is my h1 receipt number and not her h4 receipt number.
cheers.


Also I am attaching the reply got it from one lawer so that you can analyse what they are saying:

According to BCIS/INS regulations, the last action rules. Was her H-4 extension approved prior to her return or after her return to the US? If the H-4 was approved prior to her return to the U.S., then the last action on her case would be the day she came into the US; thus she should have an expiration date of July 2003. If it was approved after her entry, then the extension approval would be the last action. The inspecting officer may have seen that her I-539 was approved, therefore giving her an I-94 valid through 2005. In either case, I would go back to the port of entry (or the closest INS office) and explain to them the situation and if they say it is ok the way it is - GET IT IN WRITING!. Don't leave the office without getting it in writing. Otherwise ask them to fix the I-94 (July 2003 exp. date) and then she would have to travel out and then back in to get the correct I-94 expiration date. The last thing she wants is to begin accruing unlawful presence and then be subject to a 3 or 10 year bar.
 
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1.when date your wife enter US at POE?

2.what is I-94 date given at POE to her
3. On what date her H4 was approved by BCIS( check her H4 approval notice) check her attached new I-94 with approval lower right side.
4.what date you recieved her H4 approval at your home address.

5. when did you file her I-539, what is the reciept date.
6 When did she left US

Your lawyer is correct regarding the Last Action.
If the new I-94 was given to your wife at POE after the H4 approval date by BCIS then that is the Last Action .

If the H4 was approved by BCIS after she entered through POE then the I-94 attached with H4 approval notice is Last Action.

In both the circumstances she may be having Valid I-94 with same expiry dates. I don’t see any problem. But you should believe your lawyer.
for your peace of mind you have to believe in lawyer and follow what ever he/she says.
 
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