Need some advice on H4 visa status

USA H4 Visa
1

My wife’s H4 visa expired on June 12 2022, I-94 has the same
expiration (June 12 2022) but we did file for her H4 extension in Nov 2021 and got it approved based on her renewed Indian passport. Her old passport expired on Nov-17-2021 and so had to apply for a new passport
on August-15-2021.

This way her I-94 attached in the approved I-539 got the extended
valid stay upto Nov-04-2024. Now since we have an approved I-539 and
also my approved I-797A, she alone travelled to India on Feb-18-2022
and came back in March-16,2022 but DID NOT go for stamping since her
Visa was still valid till June 22 2022. And the CBP officer at port of
entry gave her I-94 only based on her Visa validity ie., June 22 2022
and not based on approved I-797A(my h1b petition) or I-539 (approved H4 petition) which has the new extended
I-94.

As I am planning to go to India next month on April 28th 2023, I
started digging into the documents and noticed that her I-94 number is
different from the one she had earlier with the expired visa back on
June 12 2022. And the earlier I-94 is where the USCIS had their
extension of I-539 tagged with new validity as she hasn’t attended a
visa interview/stamping during the 2022 visit.

Below are some of my questions for you.

  1. In this case, where her current I-94 has validity only till Jun
    2022 last year, will she be considered Out of Status since then June
    22 2022? She travelled to India - Yesterday 03/15/2023.
  2. Is there a way to have her I-94 extended?
  3. Now that her Visa has expired and she is expected to go for
    stamping; do we foresee any issues if she goes for stamping alone with
    her current approved I-539, my I-797A, her current I-94 (which has
    validity only till Jun 2022).​

Any help here would be appreciated!!

Thanks,
Satya

2

Did she present her extension of status approval notice and copy of your H1B I-797 to the CBP when she entered last year?

What is the start date on her new extension/current I-797? Is it 23rd June 2022?

Did she enter before the start date of the new extended I-797? If yes then the I-94 attached to the new extended I-797 will take effect after the the one issued by the CBP expired on 22nd June 2022.

I dont think it is needed.

She must use copy of your H1B I-797 for her H4 stamping and not her H4 I-797.

3

yah she did present both (my I797A approved and her H4 approved) as well to CBP officer. Her I797 has valid dates (Nov-01-2021 till Oct-25–2024). we had to apply very early for her H4 extension since her H4 EAD was nearing expiration and H4 her less validity so applied for both H4 and H4 EAD at sametime and got both of them approved. Is her H4 now “Out of status” post her I-94 expiration ?

4

The CBP should have issued I-94 up to the current I-797 validity till 2024 so looks like they made an error however you are responsible to make sure the I-94 is issued with correct dates by downloading it immediately after you enter the US.
She definitely is out of status starting June 2022. There is no point filing an extension with NPT as she is going for stamping and she can’t go to CBP at Mexico or Canada border as her I-94 is expired already.
If the consular officer asks about out of status, she will need to explain what exactly happened.

5

thank you so much kalpesh