H4 Visa Extension Question

[shyamchandra]

Hi,
My wife's H4 visa is expiring on 01-OCT-2007. We are planning to file the extension now.
Suppose we apply the extension and her H4 visa approval comes on 20-OCT-2007, then will her stay from 01-OCT to 20-OCT be considered legal?

What if she wants to go to India on 10-OCT-2007? Will she be marked for deportation while leaving the country because of the 10 days overstay? What documents will she have to carry while leaving the country to show that her H4 extension is awaited? And that she had a legal reason to stay beyond her current H4 validity?

Please note that I have already got my H1 extension (I-797) recently. The reason we are in this situation is because I did not apply for her H4 extension at the same time.

Thanks
Shyam

 

[babuji_24]

Yes it is valid

I had a similar situation in May 2004.
H1 and H4 were valid till 20th May 2004. Extension for H1 and H4 were filed together on April 29 2004. H1 was approved June 29 2004 and H4 was approved on feb 12 2005.

The approval I-797 will have valid from and to dates. If old and new I-797 validity dates overlap, you are fine.

If you want to leave USA while H1 or H4 is pending, you have to cancel the process or pay $1000 to get the premium done in 1 week.

If you (H4 holder) is planning to visit India, then DO NOT file H4 extension here. just go to India (before H4 expires) and get H4 stamped with your H1 approval(I-797).