Need feedback - please help

[snd]

I don't know whether I am being paranoid for no reason but I appreciate your help in resolving the quandary I am in.

I am currently on H-1B visa with both my I-797 and the visa expiring in mid January 2003. I need to bring my wife and daughter on H4 visas, which I can only do around October of this year.

My fear stems from an incident that happened to someone I know on F-1 status. He had about 4 months or so left on his I-20 and the consular officer denied his wife's F-2 visa saying that your husband should be returning in 4 months, so I don't see a need to give you a visa for such a short period. Can something similar happen in my case? Is there a chance my wife and daughter's visa request be denied because there will only be 3 months or so left on my current I-797 approval notice when I apply for their visas, although my company will be applying for an extension as soon as I return? Are my fears justified?

Many thanks for your help,
SND

 

[jbm]

Don't worry, H is different than f visa

you deal with this problem two ways.

1. You can apply for h1 revalidation now and mention your effective date fro new h1 from jan'2003 and hpoe fully you will get your h1 extention before you leave for india.

2. they can get h4 visa until jan'2003 in this month (you don't need to be with them or in India) so that will give 6 months and then they come with you in octomber. after comming to usa file for h4 extention ASAP, (by laws you can file for extention one day
your status expire, but don't wait)

And your fear is not justified at all, becuase h1 and f1 is total differnt things.

I hope this will help.

JB

 

[snd]

Thank you JBM

Thanks for your reply JBM. I am going to work on sending documents so that my wife can apply for their visas asap.

SND