H4-H1 transfer.. H4 expiring:Aug 12..Urgent India travel in july

[apitu]

Hi
I have this complicated problem...
I am on H4... My visa is expiring on Aug 12. I have applied for H1 visa..

My husband has applied for I-140 on March 31 and his company says we should wait till his I-140 approval before we apply for His H1 and my H4 extention...

My company said that there will be a query on my H1 visa petion for sure asking for my visa status during Aug 12 to Oct 1...

I really need to travel to india in july and i'll be back in july end.

I will apply for my H4 visa extention before going to India

my question is :
1. Is it safe to travel to india and come back with just 12 days left for my visa expiry?
2. is it possible that i wont be allowed to enter usa on the basis that my visa is expiring in 12 days?
3. if i have the H4 visa extention reciept with me would it help my entry into usa where there are only 12 days left for my H4 visa expiry?
4. Incase my H4 visa extention gets approved before i go to india would I have to get my visa stamped even when there are 12 days left on my current visa?
5. How much time does it take to get visa stamped india?

Please help this is really urgetnt!!!!

 

[sixyrs]

Hi
I have this complicated problem...
I am on H4... My visa is expiring on Aug 12. I have applied for H1 visa..

My husband has applied for I-140 on March 31 and his company says we should wait till his I-140 approval before we apply for His H1 and my H4 extention...

My company said that there will be a query on my H1 visa petion for sure asking for my visa status during Aug 12 to Oct 1...

I really need to travel to india in july and i'll be back in july end.

I will apply for my H4 visa extention before going to India

my question is :
1. Is it safe to travel to india and come back with just 12 days left for my visa expiry?
2. is it possible that i wont be allowed to enter usa on the basis that my visa is expiring in 12 days?
3. if i have the H4 visa extention reciept with me would it help my entry into usa where there are only 12 days left for my H4 visa expiry?
4. Incase my H4 visa extention gets approved before i go to india would I have to get my visa stamped even when there are 12 days left on my current visa?
5. How much time does it take to get visa stamped india?

Please help this is really urgetnt!!!!

If you only have 12 days, then I would adive you to apply for H4 extension, because you might be able to travel with even one day left on ur visa stamp, but you might be denied of I-94 at the port of entry when you travel back to US.
If you have H4 extension, then you may not need to go for stamping, as you can travel with current stamping and get the I-94 stamped as per the date on ur extension.
These are just my thoughts and I think you need to talk to ur attorney before u decide.

 

[apitu]

Thanks for Replying!
I just got to know if I leave the country when I have applied for H1 visa i can not enter the country before oct 1 with H1 stamping else my H1 petition is deemed as abandoned.