H4 extension along with my busband’s H1 extension when my H4 Visa and I94 is valid till 2018

Hi,

I have H4 visa stamping validity till Oct 2018 and I 94 when I entered US they gave till Aug 2018. But my husband’s H1B visa is valid till 7th April 2016. Now he is applying for H1B extension. Do I need to fill I539 form for my H4 extension? I am thinking as I94 and Visa is valid till year 2018, we no need to apply for H4 extension. Can you please clarify?

Thanks,

Madhuri

Looks like an error on part on CBP officer as you should have been issued I-94 only until spouse’s 797. Are you sure its 2018 and not 2016?

You don’t need to apply for it. It can be applied only when your I-94 has less than 6 months to expire. Your husband will get an extended 797. Next time you travel outside of US, you will be issued new I-94 based on his extended 797 (equivalent to H-4 extension), or can apply for separate H-4 extension (if you don’t travel out).

Yes. I94 is valid till 2018. So, I no need to apply for H4 extension right?

That is correct. However, as this was result on part of CBP officer run this by your spouse’s immigration attorney as well.