H4-Extension. Attorneys please Help!!!

[SuckerForINS]

My wife's H4 expired on 18th May 2005. H4 visa stamp on her passport is till March 2006. She is in india now. She is coming to US in june 2005. Will she have a problem because her H4 expired?
My understanding was that as long as her stamping is valid she can safely return to US. (H1b is valid till march 06 and no employer change or any other complications)

Attorneys please help..

NeedYourHelp.

 

[ginnu]

My wife's H4 expired on 18th May 2005.

H4 visa stamp on her passport is till March 2006.
------------- if the H4 visa stamp is Valid till March 2006 then how do you say her Visa expired on 18th May 2005?????
She is in india now. She is coming to US in june 2005. Will she have a problem because her H4 expired?

---------- if she has Valid H4 Visa stamp in her passport then she can enter US in june 2005
My understanding was that as long as her stamping is valid she can safely return to US. (H1b is valid till march 06 and no employer change or any other complications)

Attorneys please help..

NeedYourHelp.

 

[SuckerForINS]

H4-extension..Attorneys please help..

Hi Ginnu,
Thanks for your reply.

When i applied for my wife's I-539 (application to extend immigration status) my I-129 (h1)was valid till 18th May 2005. when i applied for my wife's H4 revalidation/stamping(earlier revalidation could be done in US), i sent in my new I-129 which was extended till March 2006. Hence the difference in the dates.

As of now her I-539 has expired but her visa is still valid. Would she have any problem at the immigration when she enters US..

Thx..

 

[ginnu]

Hi Ginnu,
Thanks for your reply.

When i applied for my wife's I-539 (application to extend immigration status) my I-129 (h1)was valid till 18th May 2005. when i applied for my wife's H4 revalidation/stamping(earlier revalidation could be done in US), i sent in my new I-129 which was extended till March 2006. Hence the difference in the dates.
--------------DOS stamped spouse H4 Visa stamp till Primry H1 holder and they did nothing wrong. FYI her status is based on validity of I-94 not the visa stamp. many have 10 year valid Visa stamp it does not mean they can stay in US for 10 years they are given I-94 maximum for 6 months if they overstay then validity of I-94 that is illegal stay in US
As of now her I-539 has expired
----how the form I-539 for your spouse can expire? it is just Form that is sent to USCIS for H4 extension or change of status.I hope you mean her H4 approval notice or her I-94, when she departed US she need to give her I-94 at airline counter
but her visa is still valid. Would she have any problem at the immigration when she enters US..
------------------------- If she has valid H4 visa stamp and you are on H1 status she will be admited on H4 status and will get I-94 till Visa validity once she is in US. when you file your H1 extension file her H4 extension before your I-94 and her I-94 gets expired
Thx..

 

[SuckerForINS]

H4-extension..Attorneys please help..

Hi Ginnu,
Thanks for your valuable info. Much appreciated.

To recap, my wife's I-94 (attached to I-539) expired on 18th may 2005. I-94 attached to I-539 was not surrendered at the airport counter but the old I-94 attached to the passport was surrendered...I guess it wont make any difference..

When she enters US in June, based on her Visa stamp which is till March 06 she should get new I-94 stamped till March 06.

Just to clarify..
Won't the immigration officer at the US airport ask for her I-539? I guess what you are saying is that it is OK to show the expired I-539 as long as her visa stamp on the passport and the H1 have valid dates.

Many thanks..

 

[ginnu]

Hi Ginnu,
Thanks for your valuable info. Much appreciated.

To recap, my wife's I-94 (attached to I-539) expired on 18th may 2005. I-94 attached to I-539 was not surrendered at the airport counter but the old I-94 attached to the passport was surrendered...I guess it wont make any difference..
-------------------- You are trying to say that the I-94 that she got with H4 extension approval and was attached with approval notice lower right side was NOT given when she departed US.if that happened then her departure from US is recorded according to Expired I-94 and not according to Valid I-94, she needed to surrunder both(old and new) I-94 when she went out of US

When she enters US in June, based on her Visa stamp which is till March 06 she should get new I-94 stamped till March 06.
-------YES
Just to clarify..
Won't the immigration officer at the US airport ask for her I-539?
-NO
I guess what you are saying is that it is OK to show the expired I-539 as long as her visa stamp on the passport and the H1 have valid dates.
------------- show only Passport visa stamp ( if asked then show the other stuff)
Many thanks..