I-94 was extended. Should I extend H4 status as well? [closed]

I have an H1B petition valid till 2020 shown on form I-797B and same goes for my I-94 and my passport. My spouse is under H4 status as a dependent. Her old passport had expiry date in November 2018, and same was true for her I-94. So she traveled to her home country, renewed the passport and came back to US with both passports in August 2018. Now I check in CBP and see that her I-94 "admit until date" shows 2020. Could be of minor importance, but that same page shows her old passport number (can't find her in CBP with the new passport number).

Does she still need to file form I-539 to extend her H4 status before November 2018 (which is old passport's expiry date)? Or has the H4 status been extended by default since I-94 has been extended? I'm probably confused with terminology here, but any advice will be appreciated. I'm not from India, if that's required to mention.

Thanks.

Best Answer

Her status is given by her I-94. If her current I-94 says she was admitted on H4 until 2020, that's how longer her H4 status lasts, assuming she remains in the US until then.

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Can H4 stay after I-94 expiry?

H4 can stay up to 240 days after i94 expiry - legally This too, when you have filed the extension application before your i94 expiry and have not received any final result. USCIS also claims that it is THEIR discretion, if they want to allow you to stay in the US after those 240 days.

What happens when I-94 expires?

In most cases, if you stay in the U.S. after your I-94 has expired, your visa status will be considered \u201cout of status,\u201d and you will be deported immediately. Additionally, you will not be able to apply for a green card or change your status, even if you are eligible to do so.

Can H4 stay while extension pending?

Yes, you can travel out of US, when your H4 Extension is pending. There is no official reference given by USCIS on how they will handle extension petitions with travel, but based on experiences shared by users, H4 Extension have not been abandoned and continued to be processed.

How can I extend my I-94 for H4?

Overview of all options to get I-94 Extended

Cross US Border by land and return.

Visit nearest SENTRI enrollment center.

Visit CBP office at a US Port of Entry.

As your attorney to file Extension with USCIS.

Call CBP Deferred Inspection Sites, send email, get updated.

How to Renew I-94 without leaving the US

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