I have an H1B petition valid till 2020 shown on form I-797B and same goes for my I-94 and my passport. My spouse is under H4 status as a dependent. Her old passport had expiry date in November 2018, and same was true for her I-94. So she traveled to her home country, renewed the passport and came back to US with both passports in August 2018. Now I check in CBP and see that her I-94 "admit until date" shows 2020. Could be of minor importance, but that same page shows her old passport number (can't find her in CBP with the new passport number).

Does she still need to file form I-539 to extend her H4 status before November 2018 (which is old passport's expiry date)? Or has the H4 status been extended by default since I-94 has been extended? I'm probably confused with terminology here, but any advice will be appreciated. I'm not from India, if that's required to mention.



Her status is given by her I-94. If her current I-94 says she was admitted on H4 until 2020, that's how longer her H4 status lasts, assuming she remains in the US until then.

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    You seem to be implying that the passport number discrepancy is not a problem. Is that true? It seems odd that her new passport is not in the I94 database after she used it to enter the US. – phoog Sep 11 '18 at 17:12
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    @phoog: Well, she used visa-in-other-passport to enter, and maybe they have a weird procedure about which passport they enter into the website in that circumstance. But in any case the passport number is just used for lookup purposes for the electronic I-94 (they didn't have a passport number on paper I-94s), and I don't think it really matters for the validity of the I-94. – user102008 Sep 11 '18 at 18:12
  • That seems reasonable, and in particular I also think that the passport number is not likely to matter for the validity of the I-94. – phoog Sep 11 '18 at 18:50
  • I talked to a lawyer informally about this passport number discrepancy. My spouse entered the country with our son, he too had H4 and renewed passport. While both their I-94 were extended till 2020, my son's new passport number is being reflected on CBP, but spouse's new number doesn't. The lawyer said the border officer clearly made an error, but that error is of minimal importance and they don't check those things. – MajinSaha Sep 12 '18 at 16:10

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