Travel while H1/H4 extension pending & I94

S

ssgupta

New Member
My H1 and my wife's H4 expire on 1 Oct 2005. My employer has filed for extension. My wife has gone to India and will be back in mid-Sept. She has a valid H4 visa till 1 Oct. My questions are:

If we get our extensions done before she returns, she would have two I-94's. One at POE - for about 15 days, and one that she receives with the approved extension. In this case, which I-94 is valid ? Can she stay in USA on the basis of the I-94 with greater validity? Or does the latest I-94 supercede the previous one? Do we need to do anything after she is back - eg revalidating I-94 etc.?

If we do not get the extension by the time she is back, do we need to submit the new I-94 to BIS?

Thanks in advance for your help!
 
ssgupta said:
My H1 and my wife's H4 expire on 1 Oct 2005. My employer has filed for extension. My wife has gone to India and will be back in mid-Sept. She has a valid H4 visa till 1 Oct. My questions are:

If we get our extensions done before she returns, she would have two I-94's. One at POE - for about 15 days, and one that she receives with the approved extension. In this case, which I-94 is valid ?


Can she stay in USA on the basis of the I-94 with greater validity?
YES. Just kee[ both the I 94 stapled to gether.
When you are going out of US next time just handover both the cards to gether. Other than that you no need to do anything now.

Or does the latest I-94 supercede the previous one? Do we need to do anything after she is back - eg revalidating I-94 etc.?

If we do not get the extension by the time she is back, do we need to submit the new I-94 to BIS?

Thanks in advance for your help!
Click to expand...
 
ssgupta said:
My H1 and my wife's H4 expire on 1 Oct 2005.
My employer has filed for extension. My wife has gone to India and will be back in mid-Sept. She has a valid H4 visa till 1 Oct. My questions are:

If we get our extensions done before she returns, she would have two I-94's. One at POE - for about 15 days, and one that she receives with the approved extension.
In this case, which I-94 is valid ? Can she stay in USA on the basis of the I-94 with greater validity? Or does the latest I-94 supercede the previous one? Do we need to do anything after she is back - eg revalidating I-94 etc.?
-----------
1. if she goes out of US while her H4 extension is pending and her H4 extension is approved in her absence then if she has Valid H4 visa stamp she needs to show at POE your H1 approval notice (if asked she can also show her H4 extension) and she will get WHITE I-94 till your H1 approval notice.
2. if she gets H4 extension approval before she goes out of US then she has to give all her I-94(including that comes with H4 extension) when departing US. when she enter US if she has valid H4 visa stamp then at POE she needs to show your H1 approval notice( also her H4 extension if asked) AND she will get WHITE I-94 till your H1 extension approval.
3. if she goes out of US and her H4 extension is approved But her H4 visa stamp expires then she needs to get new H4 visa stamp based on your H1 extension approval notice and at POE need to show H4 stamp and will get I-94 till H4 stamp is valid(it will be valid till your H1 Approval)
***

If we do not get the extension by the time she is back, do we need to submit the new I-94 to BIS?
--------------- if she is Back to US before her H4 extension gets approved, nothing is to be done as her H4 extension will have new I-94 attached lower right side of H4 ext approval and THAT I-94 will be LAST ACTION and that I-94 will be her latest I-94
Thanks in advance for your help!
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