i 94 getting expired applied for H1

I have applied H1b w/COS for my wife who is currently in H4 visa. Regular processing and she got selected in the lottery.

My I 94 and wife’s I 94 are getting expired in Aug 10. They gave I 94 only till Aug becoz my passport was getting expired. Now i have renewed my passport. I have valid visa till Oct 2013. Do i need to extend her I 94? Will it cause any issue in her H1b processing.

Will COS gets rejected if i get a new I 94?

Yes, you should extend her I-94 along w/ yours.

Following can happen:

  • USCIS issues RFE asking for proof of I-94 b/w Aug and Oct for your wife. You will have to submit extended I-94 in this case

  • USCIS approves her H-1 but denies her COS as she doesn’t have valid I-94 till Oct. However, they will generally issue RFE first for this and give you a chance to submit the I-94. Failure to do so will result in COS denial

  • USCIS ignores her I-94 validity and issues her H-1 w/ COS (chances of this happening are less). Still she will be out of status b/w Aug and Oct.

Your I-94 extension will not adversely impact the outcome of her processing.