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Does a H4 needs to apply for extension, if her visa on passport is expired but having valid I-94

Immigration 2 views 4 answers
I have moved from company A to B in June 21 2012, before that company A applied for my extension and my H1 is extended with I-94 expiring on 02/28/2014 (my passport is having a visa which expired on 03/10/2012). Same with my wife as well, her H4 visa on passport expired on 03/10/2012 and so applied for extension thru company A (along with mine) and got her extension as well. As per her I797(I539) it is valid until 02/28/2014 (and I -94). 1) I did not applied for H4 change thru company B as her I-94 is still valid, Do I need to apply for H4 change/extension thru company B as well? 2) If she travels to India, (I know that she needs to go for H4 visa thru company B) would there be any problems as we did not applied for her H4 thru company B? Appreciate your help, Thanks.

Attorney Answers

4
Myron Morales ·
The I-94 is proof of lawful status so as long as it is valid she is OK. You should file an extension at least four months prior to its expiration and the USCIS will issue a new I-94. Only if she travels outside of the US will she need a new visa stamp to reenter.
0 upvotes
Michael Sharon ·
My colleagues' answers are correct. The H-4 is not tied to a particular employer, like the H-1B, rather, it is tied to the H-1B visa holder. When she goes to India and applies for the H-4, she should receive it since you are on a valid H-1B with the employer who petitioned for you and she should receive an H-4 visa that runs parallel to your H-1B.
0 upvotes
Gen Kimura ·
1. Not necessary. 2. No. She needs to take a copy of your H1B approval notice, marriage certificate, and your pay stubs with her.
0 upvotes

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