H1/H4 Stamping issue

[thotasjunk]

Hi,

I am in a strange and complicated situation.

myself(H1) and my wife(H4) both has valid visas until January 25 , 2007. My wife went to India on Sept 25th 2006. I came to know that, if the person is not in USA we should not apply for extension for the H1 or H4. thats why We applied for only my H1 extension. we did not apply for H4 extension. I will get my H1 approval in November(If I dont get by end of October, I will upgrade to permium). I am going to India on December 1st and coming back on December 20th along with my wife. here are my questions.

1) Do we need stamping in India? We have valid visas until Jan 25th 2007.

2) If No need for stamping, Will they allow my wife to USA, because she dont have New H4 Extension, Only I will have my New H1 extension.

3) Can we apply for Her H4 after we came back on December 20th.

Any help is appreciated.

Thank you
Thota

 

[ginnu]

Hi,

I am in a strange and complicated situation.

myself(H1) and my wife(H4) both has valid visas until January 25 , 2007.
My wife went to India on Sept 25th 2006.

I came to know that, if the person is not in USA we should not apply for extension for the H1 or H4.
-------------that is correct
thats why We applied for only my H1 extension.
we did not apply for H4 extension.
**** if she went out Before her I-94 expiry date then no problem for her

I will get my H1 approval in November(If I dont get by end of October, I will upgrade to permium).
----------------If it is Vermont service center expext the delay at this time
I am going to India on December 1st and coming back on December 20th along with my wife. here are my questions.

1) Do we need stamping in India? We have valid visas until Jan 25th 2007.
--------------if she has valid H4 Visa stamp and you have valid H1 Visa stamp then you both dont need new H4 or H1 stamp if you enter US BEFORE the visa expires. at POE you both need to show your valid visa stamps in passport AND H1 extension approval. you both will get I-94 till your H1 extension approval notice. check your I-94 at POE if any mistake point it to POE officer or ask for supervisor
2) If No need for stamping, Will they allow my wife to USA, because she dont have New H4 Extension, Only I will have my New H1 extension.
--------------If she has valid H4 visa stamp she can enter
3) Can we apply for Her H4 after we came back on December 20th.
---------------if SHE does not get I-94 till YOUR H1 extension approval notice at POE then file her H4 extension with USCIS BEFORE her new I-94 gets expired. I dont see problem as She will get I-94 till your H1 extension approval notice(if the officer at POE dont commit mistake)
Any help is appreciated.

Thank you
Thota