H1, H4, I-94 matters (URGENT help please!)

[bmerx1]

Situation:

- Husband's H1B visa stamp valid upto Oct 30, 2002 (from Company A)
- Wife's H4 visa stamp also valid upto Oct 30, 2002

- Husband no longer works for Company A since Aug 2001
- Both are in India now since Apr, 2002.

- Husband has approved I-797 from H1 petiton of Company B valid upto June 30, 2003 (He has not received any salary from company B yet)
- Wife HAD NOT filed I539 or any document for extension of status to H4.

Problem: Both plan to go back to USA using the valid visa to start working for Company B (though a delayed start )

(1) Will there be problem entering the USA at POE on the valid visa due to the older company A?

(2) Will the new I-94 for husband at POE bear the date on the approved I-797 which is June 30, 2003 or the visa validity which is Oct 30, 2002?

(3) Will the wife's new I-94 at POE bear the date based on the husband's approved I797 (which is desired) or the expiry date of visa which is only Oct 30, 2002?

(4) If the date on wife's I-94 is given Oct 30, 2002, then can she file I539 for extension of stay in US?

Thanks a lot in advance!
bmerx1

 

[jaxen]

Answers

1.No Problem

2. Show old stamp and new approval, should get I94 with new expiry date .Insist on it.

3. Not sure. It will be beneficial if you get h4 (and h1) stamps in the passport. Spouse need a I539 approval to enjoy this not stamp required benefit. Most consulates will require the h1 visa when applying for h4...

4. Yes, if you get in that is.