H4 extension approved with wrong date on i94

USA
1

My spouse’s previous I94 had expired earlier on 6/17/2019, and as such I had filed her H4 extension from my previous company to extended her stay on 4/8/2019.

I then switched my company on August and my new company’s attorney filed her H4 extension on 8/5/2019 . I have received my spouse’s approved H4 petition filed by new company attorney on 23rd December-2019, and as expected the validity of the petition and the I-94 form attached to the I797 petition filed by them is from 8/5/2019 to 6/9/2022 .

The H4 petition filed by my previous company on 4/8/2019 was also approved on 19th December - 2019 , but both the start date & the validity of this petition and the I-94 form attached to this petition is from 6/18/2020 instead of 6/18/2019 . This seems to be a mistake or an error on part of USCIS and as such I had reached out to USCIS at the customer service center to correct the error, but of late I did not received any call back from the Tier 2 officer even after 2 attempts .

My spouse has a planned travel to India in few weeks, and she would be doing her H4 stamping based on the approved H4 petition from my current(new) company .

However due to the gap between the last I94 expiry (6/17/2019) and start of new I-94 from(8/5/2019), is there any cause for concern during stamping or port of entry ? Should I still continue to reach out to USCIS to correct her start date of the I94 issued as part of her old H4 extension filed previously?

Please do let me know . Would really appreciate if you can provide some guidance on the best way forward .

2

There should be no problem in H4 visa stamping as such but it is important to get the dates fixed.

This time may be counted as unlawful presence in future if not corrected.

Keep calling USCIS and they will fix it free of cost if its their mistake.

Just make sure that you filled the H4 extension form i539 correctly earlier.

3

Thanks for the response Anil. However, do you recommend that my wife should travel now or after this amendment is made?

4

It is upto you. I don’t see any issue with travel.

5

Thanks Anil. appreciate your prompt reply

6

Hi Anil,
Just to provide an update …
We called the USCIS service center and they said that the office would be sending the corrected document with the dates to my mailing address/email address within next 15-30 days . They also advised not to travel outside US, till you receive the document from USCIS

Thanks !

1 Like
7

we are also in the similar situation and reached out to the USCIS for the same, do you know how long it took for USCIS to send the corrected document.