H1B and H4 stamping

A

aggie1

New Member
cleardot.gif

Hello,

My husband and me are travelling to India next week. Our visa stamps are valid till Feb 25th 2016 and I 797 is till 30th Sept 2016.
We have to get the visa extended till the I 797 validity for which we have to appear for an interview. Last time when we went to get our visas stamped, my husband got a 221g and it delayed the process by 2 weeks. I have just got my EAD on h4 and joined a new job so I can only take 2 weeks off from work. So we decided that my husband will go for his stamping alone. If his is approved , I have the drop box option for getting my visa extended. If his goes into administrative processing again, I will be able to travel back on 30th Jan since visa is valid till Feb 25th 2016.

My questions are:

How much time does it take to get the H4 visa through IWP?
If I am not able to get the visa stamped because my husband gets a 221g , can I go to Canada and get it stamped sometime later after his visa is approved?
Will there be an issue for me in coming back without getting visa extended. I might have to come back alone if my husband's visa is still in administrative processing?

Please advise.

Thanks
 
Can we do that? What if our I94 is issued only till Feb 25. I think H1B extension can only be applied 6 months before which in our case will be around April 1st. Is there any other way to get a new I 94? Will we be questioned at POE as to why are we entering just 20 days before?
Please advise
 
Why would your I-94 be issued only until Feb 25? It should be issued until the expiration date (or up to 10 days after the expiration date) of the petition on the I-797, so it should be until Sep 30 or Oct 10, unless your passport expires sooner.
 
No our passports are valid till 2020. I just read that sometime the visa officer just gives I94 till visa expiry. I spoke to the lawyer and she even said it should be issued till petition expiry.
 
You must log in or register to reply here.
Top