H4 stamping and Travel to India!

R

RPM

Registered Users (C)
I filed my wife's H4 xtension earlier in the year and got the I-797 with extended date but by mistake the USCIS sent the I-797 for L2 Instead H4.

This is purely USCIS mistake and i sent in Apr'08 the letter to amend it to H4 from L2. It is now over 2 months but so far no response from them.

Now, for emergency we need to travel next month (July) to India.

The questions are:

1. Whether my wife can travel outside USA with incorrect Status(L2)?
2. How can she come back if we don't receive the correct I797 with H4 status?
3. Can she go with incorrect staus and come back with AP? As she has AP valid till Nov'08?

Please suggest.

thanks,

PD Aug'02
I-140 Pending
AP - Dec'07
FP - Dec'07
 
RPM said:
I filed my wife's H4 xtension earlier in the year and got the I-797 with extended date but by mistake the USCIS sent the I-797 for L2 Instead H4.

This is purely USCIS mistake and i sent in Apr'08 the letter to amend it to H4 from L2. It is now over 2 months but so far no response from them.
------------did you check the copy of formI-539 that she send it to USCIS to extend H4? are you sure it is USCIS mistake
Now, for emergency we need to travel next month (July) to India.

The questions are:

1. Whether my wife can travel outside USA with incorrect Status(L2)?
------------ has the approval noice I-94 attached
2. How can she come back if we don't receive the correct I797 with H4 status?
----------------if you are on H1 status then she can get H4 Visa stamp and enter on H4 status (she should take the copy of all the forms she sent for H4 extension, Copy of all the I-94 front and back and she should only show what is asked)
3. Can she go with incorrect staus and come back with AP? As she has AP valid till Nov'08?
-----------------She can enter with valid AP
Please suggest.

thanks,

PD Aug'02
I-140 Pending
AP - Dec'07
FP - Dec'07
Click to expand...
**** what is the info on her H4 Extension filing reciept???
** still your I-140 is pending and not approved I prefer getting H4 visa stamp
 
Last edited by a moderator:
thanks,

Now the question is :

Can she go with incorrect staus and come back with AP? As she has AP valid till Nov'08? or should we wait till we receive the new I-797 with H4 status.

thanks,
 
RPM said:
thanks,

Now the question is :

Can she go with incorrect staus and come back with AP? As she has AP valid till Nov'08?
---------------She can enter US with valid AP
or
should we wait till we receive the new I-797 with H4 status.
-----------------that you have to decide
thanks,
Click to expand...

OR she can go out and get H4 visa and if problems in H4 visa then she can use AP to enter US
 
Thanks,

AP and H1/H4 are independent entities correct?

If we use the AP to re-enter the country instead H1/H4, then there would be no impact on the Hs visas correct?

We just need to keep extending the Hs and for travelling we can use AP correct? To use AP will allow me to travel in emergencies and without going through all the hassels for Hs stamping (appt/forms etc,,)

thanks,


PD-Aug'02
AP - Dec-08
I-140 Pending (Aug'07)
I485 - Aug'07
FP - Dec'07
 
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