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

A

apitu

Registered Users (C)
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!!!!
 
your are good to go...

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?

Apitu...

I went through a similar situation with my wife. Her h4 expires on march 12th and she went to India on 02/12 and returned on 02/28. From that experience I can answer ur Q's...

1. Yes...that shouldn't be a problem.
2. No, they can't deny it based on the number of days. I know some students returning on the last day of their visa.
3. It would definitely help but not required.
4. U don't need to. But if you want you can.
5. Visa appointment times vary in India based on the consulate. Chennai is 5 months...where as Calcutta is 2 weeks.

BTW according to my lawyer, you need to avoid leaving the country after you apply for your H4 extension and before its approved. You need to be here while an extension is approved. That's the whole purpose of this extension. If not you can use your husband's H1 and get the stamping done in India.

Hope this onfo was of some help.
 
Thanks for the help VA_June2002!!!!
I just got to know that since i have applied for H1 visa there could be some problem if i leave the country before oct.
Does anyone know abt this isuue?
 
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