applied for H4 to H1B transfer but I-94 expiring on sept 2016 & H4 is valid till sep 2017.


currently my wife is holding H4 visa, valid till Sept 2017. I have applied for her H1B through consultant.

but her I-94 is expiring on 12 Sept 2016.

I have I 797 extended till 12 Sept 2017. but my H1B visa & I-94 will expire on 12 Sep 2016.

will this effect her h1b application?

Thank you!!!

Her H-1 will consist of two parts - I-129 processing and COS from H-4 to H-1. The former will not be impacted by this, but COS approval will be dependent on this. USCIS may ask for proof of status b/w Sep 12, 2016 and Oct 1, 2016. You will have to file H-4 extension and get its approval first and then submit that as response to potential RFE from USCIS.

But her h4 VISA is valid till Sept 2017. Only both of our i94 will expire in Sept 2016.

Visa stamp doesn’t matter. I-94 matters for the purpose of COS.


I got my problem solved i.e I got my i94 with new dates as per the latest h1b petition of my husband by sending an email and the required documents to the CBP(suitable for me). They issued me an entirely new i94 within a day. :slight_smile: :slight_smile:

Refer below link:-