Do I have to file a Change of Status from B2 to H4 atleast 45 days prior to I94 expiry date?

Asked over 1 year ago - Plainsboro, NJ

My Wife's I94 (B2 visa) is expiring on April 05th, 2013 and she has a valid I797B till Dec 2013. She is at the verge of getting a job in US.

Attorney answers (3)

  1. J Charles Ferrari

    Contributor Level 20

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    Answered . No, but it must be filed BEFORE the I-94 expires.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  2. Stephen D. Berman

    Contributor Level 20

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    Answered . No, you can file it as long as she is in status.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an... more
  3. Theodore Su-Tsoh Huang

    Contributor Level 13

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    Answered . File before expiration date on I-94. On rare occasions, USCIS, in its discretion, may excuse an untimely file, but the applicant would have to show extraordinary circumstances, have not otherwise violated his nonimmigrant status, and meet other rqmts. Talk to an immigration attorney for help.

    (626) 771-1078 Los Angeles Attorney Theodore Huang, Esq. This is not legal advice. No attorney/client... more

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