I539 extension required for H4 with valid i94

I recently got an H1b amendment filed & approved and my I-797 and I-94 are valid till 02/01/2023. My wife is on H-4 visa and her I-797 and Visa stamp are valid till 03/01/2022. but when we got into the country after an international trip, the officer gave her I-94 valid till 02/01/2023 based on my approved I-797.

  • So do we need to apply for her I-539 extension of status or having a valid I-94 sufficient?

CBP correctly issued the I94 for your spouse to match with the end date of your/primary H1B. You can file the extension of status for your spouse when you file extension for your H1B. This can be done within 180 days of the expiry of your I94.

Thank you Kalpesh. So do you mean there is no need to file for the extension of status until 2023, as her i94 is valid till 2023?

Yes @jelitta . That’s correct understanding.

Thank you Kalpesh and Anil. I was so confused as my company attorney said only stamping and filing i797 extension are the possible options to ensure legal stay here. Now I got clarification. Thank you so much!


I have an H4 visa stamp on my passport until 8Jan2022, however, the admit until the stamp is not valid or does not reflect the Jan 2022 date. Can someone tell me if this is okay before my travel Nov 25th ?

Did you download the I-94 online and see if the expiry date match with your visa?


Yes it doesn’t reflect the date