H4 I94 Expired and First/Last Name Misspelled

USA
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1

My wife got H4 visa till Dec 2022 but the I94 date was provided till Jan 2022. I found this issue last Nov and submitted service request to update the I94 date. After couple of service request (during Feb), we saw that case status was updated with Feb month approval date and due to address was not updated I couldn’t receive the latest petition to know whether the I94 was updated or not.

I reached out USCIS but they said I need to apply for duplicate copy so I mentioned I824, but it might take another few many month to received. I also found that First and Last name was swapped in the H4 approved petition when my company filled the petition which is another issue.

When I reached out to my company’s immigration team, they said below options,

  1. Go outside the US and use the H1B petition and get stamp and come back
  2. We are not sure with this H4 petition (typo I94 and First/Last name) can we go to India and come back successfully?
  3. Also, not sure does H4 petition is mandatory for drop box or H1B petition and other documents can be sufficient?
  4. Or do I need to go for H4 Nunc Pro Tunc process with this current situation.

Please suggest your opinion. Appreciate your help.

2

I would go with applying H4 extension using NPT which saves you from the pain to travel outside and book appointment.

You can extend I-94 at Canada or Mexico border while I-94 is still valid. With current I-94 expired already in Jan and the fact you dont have any update for the service request, you cant take a chance to extend I-94 at CBP.

3

Ok thanks kalpesh for your comments.

4

Hi Guru,
May I please ask how did you proceed ?
We are in the same situation with I-94 expired in Jan 2024 but H4 valid till Dec 2024.

Thank you for your suggestions.