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Extend I-94. Texas. I have valid Visa stamped and Valid

Extend I-94 Lawyer's Assistant:...

Extend I-94

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Texas

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I have valid Visa stamped and Valid I-797 petition. Just need to extend I-94

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Customer reply replied 4 months ago
I have valid Visa stamped and Valid I-797 petition till July 1st 2018. Just need to extend I-94 ( which is expiring on March 26th 2018) as I got my new passport now.
Answered in 48 minutes by:
3/10/2018
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,867
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Hello my name is ***** ***** I am delighted to answer your questions. I am reviewing it and will post your answer momentarily.

Ask Your Own Immigration Law Question

Welcome to JustAnswer! I have 34 years experience as an immigration attorney and I am here to help resolve your immigration issue. Tackling these issues can sometimes get confusing. Should you need to chat on the phone or document review, I am able to do that for an additional cost. Let me know at any time during our question and answer session if you are interested.

An I-797 is a Notice of Action and nothing else. It is not a petition.

What status do you hold and what are you referring to with regards ***** ***** an extended I-94?

Some important facts are missing here.

Judith

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Customer reply replied 4 months ago
Here are more details .........My I-140 is approved. I am a Indian national. I am here in Texas on H-1B Visa.
My I-94 / Visa Stamped / I-797 approval Notice, all are valid till July 1st 2018.
My wife is here on H4 Visa and her visa is also stamped till July 1st 2018.
But since her Indian passport is expiring March 26th 2018, she got I-94 till March 26th.
We need to extend her I-94 till July 1st as she has now received new passport whose validity is for next 10 years.
How do we go about extending her I-94 beyond March 26th ?
Can we do it by staying here in Texas or we have travel outside USA ??
If travel is needed, then can she travel to Mexico or Canada. Do I need Visa for those countries? How long vwill the visa process take. ? If not which other nearest country she can travel to ?
Please help with your inputs.

I cannot tell you what the visa requirements are for Indian citizens to travel to Canada or Mexico. I do not know what countries are visa exempt for Indian citizens. That is not US immigration law questions.

She can file an I-539 to extend her H4 status here in the US. It will take approximately 4-6 months as that is the length of the processing delays.

If she is not needing it for an EAD, then she may file here and remain in a period of stay authorized by the attorney general.

Here is the link to the I-539

https://www.uscis.gov/i-539

The needs to include the following supporting documents:

1. Copy of marriage certificate and translation if in foreign language

2. Copy of your Bio page of your passport, visa stamp and I-94 and your I-797 approval notice

3. Copy of her biopage of her old and new passport showing expiration date and passport numbers; visa stamp in old passport, I-94 expiiring 3/26/18

4. Copy of any I-797 she has ever had related to her H4 status.

5. $370 filing fee

It will depend on whether your I-129 I-797 starts with EAC, LIN or WAC where you file. Here is the direct file link

https://www.uscis.gov/i-539-addresses

I hope that helps! Please let me know if you have any other questions. I appreciate this opportunity to help you. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating. If you are very satisfied with my answer please take a moment to click on the 5 stars at the top of the page. The question thread remains open and you can ask follow-up questions.

Judith

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Customer reply replied 4 months ago
Thanks for your reply. My I797 starts with EAC****. Considering that her current I-94 expires on March 26th of this Month, if we file for I-539 in next 2-3 days, can she stay beyond March 26th pending the outcome of I-539 filing ?? She doesnt have H4 EAD. All we need is to extend her H4 dependent I-94

Then stay here and file for the extension. As long as it is filed before March 26 there is no need for her to leave the country and incur risk and expense. She is in a period of stay authorized by the attorney general while the extension request is penidng.

H-4 spouse of an H-1B nonimmigrant filing Form I-539 separately from the H-1B principal nonimmigrant or filed concurrently with Form I-765 for category (c)(26).

File with the USCIS Dallas Lockbox Facility if the receipt number of your H-1B principal spouse’s most recent Form I-797 Notice of Approval for Form I-129 begins with EAC or LIN.

USCIS Dallas Lockbox Facility

For U.S. Postal Service (USPS):

USCIS
PO Box 660921
Dallas, TX 75266

For FedEx, UPS, and DHL deliveries:

USCIS
Attn: H4
2501 S. State Hwy. 121 Business
Suite 400
Lewisville, TX 75067

Please be so kind as to take a moment to click on the 5 star rating. I am most grateful.

Judith

Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,867
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Judith Ludwic and 87 other Immigration Law Specialists are ready to help you
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Customer reply replied 4 months ago
Hello Judith
Your above response helps me. However I heard that I-539 should be filed before 4 months of I-94 expiry.
Is that true ?Also if I apply it now in next 2-3 days, will I get receipt # to extend my wife's stay beyond March 26th ? ( Cause I heard that we need to have receipt number to stay beyond current expiry date ) Please guide .

The reason you hear that the I-539 should be filed 4 months in advance is because of the lengthy delays in USCIS processing. Since you may remain in the US while it is pending "in a period of stay authorized by the attorney general" one is a is in limbo after the I-94 expires while waiting for adjudication of the extension.

You can file the I-539 with the G-1145 and receive electronic notification of USCIS receiving the form. The I-797 official Notice of action will follow in 7-14 days. As long as you get electronic notice and know the form reached USCIS BEFORE her expiration date she can stay.

Judith

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Customer reply replied 4 months ago
Good Morning Judith
As suggested by you, I am filing up I-539 form for my spouse.
As you know, she had Passport ABCD at Port of Entry which is expiring now on March 26th and thus her I-94 is also expiring on March 26th.
We got her new passport XYZ which has not validity till next 10 years.
Need your inputs for which Expiration dates and passport number should be filled in PART1 ( Points 11 -- 12 ) of I539 form. . Your help is highly appreciated. Attached the screenshot of the form for your reference.Spouse Old Passport expiring March 26th
Spouse I-94 expiring March 26th
Spouse Visa stamp is valid till July 1st
Primary H1B Approval Notice is valid till July 1st.
New Passport is Valid till 2028

Put the current I-94 expiration date March 26th..

Put the new passport number and expiration date 10 years from now.

Attach copy of I-797 for original extension request and copy of new passport , all pages, including blank pages, copy of I-94; copy of spouse I-94 expiring July 1st and I-797 approval notice and biopage of husband's passport.

Copy of marriage certificate

I hope that helps! Please let me know if you have any other questions. I appreciate this opportunity to help you. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating. If you are very satisfied with my answer please take a moment to click on the 5 stars at the top of the page. The question thread remains open and you can ask follow-up questions.

Judith

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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