H visa help..urgent please help

[TinaG]

I'm on H1 in USA and my I-797 is valid till 12 May 2007.


My wife's initial H4 visa issued was valid till 12 May 2006.
She went to vacation to India in Feb 2006 and when she came back into
US, her I-94 given at the airport appears to be valid till May 22 2006 (typo? from
immigration officer).

Her new I-797 (H4) approval document is valid from 23 may 2006 (instead of 13 May 2006) to 13 May 2007.The I-94 in the bottom of the document also has
validity from 05/23/2006 till 05/13/2007.

Considering this, what happens to those 10 days missing on new H4 (05/12/2006 - 05/23/2006)?

We are going to Canada in Dec and we are planning to use automatic revalidation rule to come back to USA (you can come back to USA with out a visa but with valid I-94). Please help. Will she have a problem while coming back?

Also another important quesion? She is pregnant and while she is coming back to USA, will she be refused admission

Any suggestion is highly appreciated

 

[bala_su]

Usually the Immigration officer gives 10 days grace over the initial valid visa date. I don't think it was a typo.
Your legal stay is what is given by the immigration officer at the port of entry on the I-94. So I think you are fine. No need to worry.

good luck !

IMP : I am not a legal expert.

I'm on H1 in USA and my I-797 is valid till 12 May 2007.


My wife's initial H4 visa issued was valid till 12 May 2006.
She went to vacation to India in Feb 2006 and when she came back into
US, her I-94 given at the airport appears to be valid till May 22 2006 (typo? from
immigration officer).

Her new I-797 (H4) approval document is valid from 23 may 2006 (instead of 13 May 2006) to 13 May 2007.The I-94 in the bottom of the document also has
validity from 05/23/2006 till 05/13/2007.

Considering this, what happens to those 10 days missing on new H4 (05/12/2006 - 05/23/2006)?

We are going to Canada in Dec and we are planning to use automatic revalidation rule to come back to USA (you can come back to USA with out a visa but with valid I-94). Please help. Will she have a problem while coming back?

Also another important quesion? She is pregnant and while she is coming back to USA, will she be refused admission

Any suggestion is highly appreciated

 

[GotPR?]

As having been said, H1 has 10 days grace period after status expiration. Officer who knows this rules gives I-94 with extra 10 days. This rule should be valid to H4 as H4 is accompanied by H1.


8 CFR 214.2(h) (13)(i) (A)

(A) A beneficiary shall be admitted to the United States for the validity period of the petition, plus a period of up to 10 days before the validity period begins and 10 days after the validity period ends. The beneficiary may not work except during the validity period of the petition