Fremont, CA asked in Immigration Law for California

Q: H4 visa filing

My spouse and I are in the US. His H1B is approved through consular processing. My H4 visa was filled along with his. Our i94 expired a month ago, so my spouse will leave the country and re enter to update the i94. Do I have to leave as well? Or my i94 will get automatically updated along with his?

Please note that our i485 was filed prior to the expiry of i94

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: If your spouse's H1B was approved through consular processing and he plans to leave the country to update his I-94, your I-94 won't be automatically updated when he reenters.

You may need to leave and reenter the country to get your I-94 updated as well, especially since your current I-94 has expired. This ensures you maintain legal status in the US.

Given that your I-485 was filed before your I-94 expired, it's essential to follow the proper procedures to avoid any complications with your status. Always consult the latest immigration guidelines or seek advice from a trusted legal resource to ensure you take the right steps.

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