Entering US on H4 in the last few weeks of visa expiration date

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prabalb

Registered Users (C)
My H1 and my wife's H4 expires on Nov 1st 03. We both went for vaccation to India. I came back in August..however my wife had to stay back due to some sudden medical issue. Now days for her H4 expiration are nearing and I wondered how late can she postpone her departure from India so that she won't have any problems in immigration. I heard somewhere that in the last few weeks of H1 visa expiry they could object at the port of immigration.

My employer has already applied for H1 and H4 extensions but that might take till December 03. Is there any advantage in me going for premium H1/H4 for us. My employer told me that even in case I go for it..they may just adjudicate my H1 but not adjudicate H4 as my wife is out of US.

So what are my options..any suggestions or should I just ask my wife to come in whatever condition in the next week or so.

Thanks
 
My H1 and my wife's H4 expire on Nov 1st 03. We both went for vacation to India. I came back in August. However my wife had to stay back due to some sudden medical issue. Now days for her H4 expiration are nearing and I wondered how late can she postpone her departure from India so that she won't have any problems in immigration.
---- Better she enters as early as possible, legally she is allowed to enter 1 day before but she will get I-94 for 1 day only and BCIS Inspector may not allow her because second day she is going to be out of status. Better she should be back 15-20 days before expiry of her H1 stamp; so that you can immediately file her I-539 to extend her H4 status before her I-94 expires
I heard somewhere that in the last few weeks of H1 visa expiry they could object at the port of immigration.
------ Not weeks, it can be for few days remaining on visa validity
My employer has already applied for H1 and H4 extensions but that might take till December 03.
------ How your employer can file for her H4 extension while she is not in US? H4 extension can be only applied if one is in US.
Is there any advantage in me going for premium H1/H4 for us. My employer told me that even in case I go for it. They may just adjudicate my H1 but not adjudicate H4 as my wife is out of US.
---- They may approve H1 but not H4 as your wife is not in US, you should go for premium processing because you will have H1 approval in hand and when she reaches US and then you file her H4 extension based on your H1 approval. The reason behind this is that even if she enters 2 weeks before H4 visa stamp then you will have no H1 after Nov1st still it may be pending and how you will get her H4 extended? Her H4 can only be extended if you have new extended H1 approval before she reaches US.
Or you get H1 approved by premium processing and send her your H1 approval and other required documents and she can get new H4 visa stamp in India and then she enter US (if your consulate is Chennai try to avoid it)

So what are my options. Any suggestions or should I just ask my wife to come in whatever condition in the next week or so.
--- Discuss your options with your lawyer becase I may be wrong
 
Thanks Ginnu,
Actually the H1 and H4 extensions were applied when both of us were here in the US. We went to India just for a one month vaccation in mid of July. So both our extension applications are pending.
 
If your wife reaches US before her H4 extension is approved then she will have no problem, as her I-94 that she will get with H4 extension will supercede the I-94 that she will get at the time of entry to US at POE. To avoid any problems she should enter US ASAP. Only change of status is abandoned and not extension of status if one goes out of US.
 
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