I just got a new iPhone 4S replacing iphone4 and my photo stream pictures are not transferring to new phone

If they are older than 30 days they are no longer in your photo stream to transfer to your new phone, even though they remain in your iPad. After 30 days, photos are removed from your photo stream but will remain on any device that has already received them.

But it's true. See "How long are photos stored in iCloud?" here: http://support.apple.com/kb/HT4486.

I have the same issue. I got an iphpne 5 and I restored from icloud but inoticesd that the pix from phot stream didi not come over. Now my question is they were on my ihpone 4 in the photosteam but they are dissapearing and it has been longer then 30 days. how can I get my pix that dissapeared back?

Unfortunately, unless you backed up your iPhone 4 while these photos were still in the camera roll (where all photo stream photos originate), they are lost. The backup only includes camera roll photos, not photo stream photos. And after 30 days the photos can't be recovered from photo stream because they are no longer there.

To save your photos always import them to your computer (see http://support.apple.com/kb/HT4083).

Ok but why are they deleting off of my old phone? I think it is stil set up to save the new photos on that phtostream on that ohone as well. Do I need to turn that off to preserve the photos from being pushed off. See some of them are still there but the earlier ones are not. So why is it that some are there and theothers are not? also why are they deleting?

Also if I had of been using the ituned to back up I weoudl not have this problem withthis cloud it seems as though this is more odf aproblem than helpful you know becasue had I eed backing my PHONE to ituines instead of using the icloud then i would ahve had everything to restore from you know. I am so disgusted!!!

I can't tell you why photo stream photos are deleting from your old phone if it is still connected to photo stream. This should only happen if another device is sharing the same iCloud account and the photos are being deleted from the other device.

The best way to preserve the remaining photos is to save them to the camera roll now (by opening the my photo stream album, tap Edit, tap all the photos, tap Share, tap Save to Camera Roll), then import them to your computer (http://support.apple.com/kb/HT4083).

Backing up to iTunes would not have been any different than backing up to iCloud. In both cases, only photos stored in the camera roll album are included in the backup, not photos in the photo stream album. The only way to be sure they are saved is to import them from the camera roll to your computer via usb as outlined in the linked article.

Ok but as far as the itunes I woudl have been backing up all of my pictures onto my compiter as I used to do and not relyin gon Photo stream I never knew any of this 1000 photos and 30 days about photo stream until about a dat ago no one never told me that. All iof my devices are hooked up to one another meaning my 4 nd 5 are bnoth on phtostream so i see tha tit is still storing new ohotos from the 5 on the 4 and is that pushing the photos off of the stream you think?

It's a unfortunate misconception that photo stream backs up your photos when it is really designed to sync your photos, enabling you to have them on all you devices. They should remain in you photo stream album indefinitely until they are manually deleted from one of your devices. Adding photos from your iPhone 5 should not cause photo stream photos to be deleted from your iPhone 4.

Although they should stay on your phone until manually deleted, they are still always at risk of being lost if you don't regularly back up you phone (like all other data on your phone).