H1 - Travel

[rnarsina]

I applied my H1b Extension, my H1b expires by Sep 2003. My wife is on H4 and want to go to India in June and want to return by July End.

Will this cause any problem?

thanking you,
--raj

 

[tt tt]

did you apply for your wife's H4 extn as well ??

please do that if you have not done so.

if her visa is valid then she is ok to come back..however if her visa is getting expired by sept 2003..then you may want to wait until after she comes back and then file for her H4 extn before her latest I-94 expires.

 

[rnarsina]

yes, I did

If I applied extension for her too, what should I do?

thanking you,
--raj

 

[tt tt]

My opinion...

Ideally she must not be going out of the country when her H4 extn is pending..
but cancelling a trip is too troublesome, so just make sure that once she comes back, try to apply for a new visa at st louis for revalidation 60 days before her H4 visa expiry.
I dont know if the fellows in st louis will tally that the I-94 numbers match for the H4 approval notice and the airport I-94..but you can take a chance.
otherwise she may have to take another trip to activate the H4 I-94 so that she does not fall out of status.
Some attorneys will say that for H4 extns travel may not matter so much. ask your lawyer about his opinion.
If she is in India and then you get her H4 approval here..send her the original and she can get a new H4 stamp and then come back ...that is ok too.

 

[rnarsina]

Thank you

Really, your suggestions are good.
I already asked my attorney, she is looking into different possibilities.

thank you again,

--raj