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Entered Us With Valid H4 And New H1 Petition

Discussion in 'Nonimmigrant Visa Validity' started by Legal Immigrant, Sep 24, 2015.

  1. Legal Immigrant

    Legal Immigrant Banned

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    Hello Ron

    I have a very basic question for you. I am on H1B visa and my wife and son are on H4 visas.

    All three of us have valid H1B visa stamp until Feb 22, 2016 from employer A. In Jan 2014, I changed my employer to employer B and got new H1B petition approved for next 3 years, meaning until Dec 22, 2016. When I switched my employer, my dependants (wife and son) were in India, so I did not add them in the new petition.

    Since, we still have valid visa stamps from previous employer, we did not go for new visa stamps (to avoid any unexpected things like admin stuck etc).

    We went on vacations to India for around 3 weeks and returned back yesterday. At POE, the officer gave me I94 valid till Jan 02, 2017 but to my surprise, for my wife and son, he gave i94 only until their visa stamps, i.e., Feb 22, 2016.

    I asked him about this and he said since they do not have new approval, he could not extend it and I need to extend it by new application i539.

    Will you suggest me to get it corrected at local CBP or just file I539 for them to extend their stay? Please help.
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Go to your local CBP and get it corrected. The officer made a mistake.
     
  3. Legal Immigrant

    Legal Immigrant Banned

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    Thanks Ron for the prompt response.

    Just to clarify again. My wife and son don't have new H4 approval, they just have valid visa stamp till Feb 22, 2016. I have new extended H1 petition just for myself. Just in case, you missed something from my post, does it still hold true and needs CBP correction?
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    They don't need one. Their status is dependent upon yours. On entry, they should be given the same period of stay as you.
     
  5. Legal Immigrant

    Legal Immigrant Banned

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    Ok, Thanks Ron for clarifying. Bugging you again, can I go to any CBP location or just the "Deferred Action Site".. since I called the phone number listed on local CBP office and they advised to contact the Deferred (something) site.

    Not to mention that you are always very very helpful and doing a great job, God bless you @ron.
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Try your local site and see if they will do it.
     
  7. Legal Immigrant

    Legal Immigrant Banned

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    Thanks again. Will try and update you.
     
  8. Legal Immigrant

    Legal Immigrant Banned

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    @ron, updating you: I visited the local CBP Deferred Inspection site today morning and they said they don't correct it here and instead asked me to email at their email address. I am stunned, how can they correct through email if they don't fix it manually.
     
  9. DonDraper

    DonDraper Guru

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    You
    I-94 was moved to an online system. Its probably the reason why they asked you to send to an email adress.
     
  10. Legal Immigrant

    Legal Immigrant Banned

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    @ron, I emailed them all the details with attachments.

    Just in worst case, if they don't even bother to reply to the email and ignore it, then I would need to file H4 extension for my dependents myself. What would be the filing fee for both of them (my wife and son). I understand that I can file single application I-539 for both of them, but would that be a seperate filing fee of $290 for each of them or just $290 for both?
     
  11. Ron Gotcher

    Ron Gotcher Attorney at Law

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    It would be $290 total.
     
  12. Legal Immigrant

    Legal Immigrant Banned

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    Thanks @ron.
     
  13. Legal Immigrant

    Legal Immigrant Banned

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    @ron, as an update, CBP corrected the mistake and replied to my email. Thanks, you were right.
     
  14. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Glad it worked out.
     
    Legal Immigrant likes this.
  15. Legal Immigrant

    Legal Immigrant Banned

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    Thank @ron.
     

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