Clarification Needed on H-4 I-94 Validity After Overlapping Approvals

USA H4
1

I’m seeking guidance on a situation involving overlapping H-4 petitions.

Timeline:

  1. Aug 2022: Dependent received an I-94 valid until March 2024 due to passport expiry, while the rest of us received I-94s valid until Aug 2024.
  2. March 2024: Filed a standalone H-4 extension (I-539) for the dependent to cover the gap until Aug 2024.
  3. Later: Filed an H-1B amendment + H-4 extension under premium processing, which was approved first, valid from 31th May 2024 to 29th May 2027.
  4. Now: Received approval for the standalone H-4 extension, valid from April 1, 2024, to May 30, 2024.

Questions:

  1. Does the latest approval notice now determine the I-94 validity, potentially overriding the I-94 issued with the H-4 extension from May 2024 to May 2027?
  2. Will the I-94 associated with the H-4 extension (May 2024 to May 2027) still be considered valid?

I believe USCIS may have taken the already approved H-4 petition (valid from May 2024 to May 2027) into account and issued the approval for the pending I-539 with a validity date only until May 30, 2024, to maintain status continuity. Had they treated the I-539 independently, I would expect the approval to extend until Aug 2024 as requested.

Given the challenges and disruptions associated with traveling outside the U.S., especially concerning school schedules and the logistics of obtaining a new H-4 visa, I would greatly appreciate your guidance on how best to proceed in this situation

Thank you for your assistance.

2

Its a gray area. They usually say that last action determines the validity.

Although, in all probability, my opinion is that H4 is valid till 2027 but i would still suggest you to get a second opinion from an attorney.

If you still not sure, file another H4 extension.

3

Thanks for reply, Do you think dependent is out of status ? would it be normal H4 extension filling or we have to do under NPT.

4

I already shared my opinion above.

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