Hello All,
My wife got a new i94 (Oct 2023) based on my recently approved h1b petition. I did NOT apply for her H4, as she was not in the states when I applied for H1B renewal. Her H4 expires in Nov 2022.
My understanding is that she will NOT need a h4 renewal as her i94 has validity till Oct 2023. I want to find out if she will go OUT OF STATUS. Do we need file H4 extension? Any help is highly appreciated.
As long as H4 is in the US and the most recent H4 i94 shows validity up to Oct 2023, you can wait to file an H4 extension till 2023.
When someone is in the US physically, the i94 governs the stay irrespective of whether the visa stamp in the passport has expired or not.
Thanks Anil. If we want to file H4 extension early - is it possible to file now? or wait till 180 days before i94 expiry (updated one)?
If you are filing standalone ( separately from H1B extension of status) you cant apply until 180 days from expiry.