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Posted on 02 May 2010
Q.

Validity of old I-94 in I-797 over new I-94

My wife entered US first time on April 2004 using H4 visa valid until June 2005. In May 2005, we both (H1 and H4) got extensions up to June 2007 with I-94s. In Oct 2005, we both went India, got new H1 and H4 visas and returned. The IO at POE gave I-94 for my wife only for 7 months valid up to May 2006 as per her Passport expiry date. In April 2006, I contacted my employer about extension of my wife's I-94. They told me it is not needed as her previous I-797 (approved on May 2005) has an I-94 at the bottom which is valid up to June 2007. In June 2007, we both applied for H1 and H4 extensions and both are approved until June 2010 with I-94s. Is my wife's stay from May 2006 to June 2007 unauthorized? If so how come USCIS extended her H4 in June 2007 for 3 more years? Thanks in advance.

User's Location: Wheeling, Illinois, United States of America
Category: H1B Visa (Work Visa)
Posted on 03 May 2010
A.
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Dimitar Michailov
Immigration Lawyer
Capitol Immigration Law Group LLC
(888) 878-4721

www.cilawgroup.com

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