When is I-539 required for H-4?

[vevinodh]

My wife travelled to India recently and came back on June 28th and on entry she was given an I-94 with validity till 9th July (as my H-1B expires on June 30th).

In the meantime, I had applied for H-1B and H-4 extension in March and got the extension approved on June 29th.

Now, the issue is that her old I-94 was extended, but she got a new one when she entered ... and that is valid until July 9th.

Do I need to apply for I-94 extension using form I-539? Any procedure for doing that? Is she out of status?

Anyone had a similar experience? Please let me know.

Thanks!

 

[ginnu]

My wife travelled to India recently and came back on June 28th and on entry she was given an I-94 with validity till 9th July (as my H-1B expires on June 30th).

In the meantime, I had applied for H-1B and H-4 extension in March and got the extension approved on June 29th.

Now, the issue is that her old I-94 was extended, but she got a new one when she entered ... and that is valid until July 9th.

Do I need to apply for I-94 extension using form I-539? Any procedure for doing that? Is she out of status?
---- if her H4 status was extended on 29 then she has correct I-94 attached with her H4 approval notice, you have to check the date when her H4 was extended on the approval notice, if it was approved on 29 after her entry on 28 then her approval notice has valid I-94 becase last action rules.
Anyone had a similar experience? Please let me know.

Thanks!

 

[vevinodh]

Thank you for your time.

I was not clear in my earlier post and forgot to mention, the extension was approved (at the visa office on 24th but I got it in my hand only on the 29th).

So, to your question as to when it was approved ... on 24th and thats the date on the paper, while she entered the US on 28th.

Pls. share your thoughts.

Thanks!

 

[ginnu]

Thank you for your time.

I was not clear in my earlier post and forgot to mention, the extension was approved (at the visa office on 24th but I got it in my hand only on the 29th).
----Dear USCIS approves H4 extension not Visa office, if USCIS has approved her petition on 24 and she entred on 28 it means her I-94 that she got at POE is Valid not that came with approval notice
So, to your question as to when it was approved ... on 24th and thats the date on the paper, while she entered the US on 28th.
----She needs her I-94 to be corrected as her Last action was on 28 and the I-94 that she got at POE rules.
** she can exit US and renter with newI-94 from Canada or Mexico or talk to your lawyer or file her new H4 before her I-94(White) that she got at POE expires
Pls. share your thoughts.

Thanks!