Requirements for Spouse to reenter when H4 renewal is pending.

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rajeshkamisetty

Registered Users (C)
Me and my spouse have H1 & H4 visa stamps in our passports with first employer A valid till June 1st 2005. Now I am with employer B who renewed my H1 visa (I 797) last year, valid till Apr 2007.

I came 3 days back from India with
1. H1 visa-stamp in passport valid till June 1st 2005 and
2. H1 visa (I-797) of employer B valid till 2007.

I was taken aside by port-of-entry official and handed over my papers and passport to another official. Apparently, the second officer approached his manager and issued my I-94 with Apr 2007 expiration date. While issuing I-94, I asked about my wife who will arrive in couple of weeks with a copy of my H1 visa (I-797) of employer B and H4 visa stamp with employer A valid till Jun 2005. He suggested that she should wait until, her H4 extension/change of status is approved by INS and then come over to US.

After joining the office, my HR (in company B) told that instead of waiting for approval of her H4 extension/change of status application, she can go for visa stamping in India with my H1 (I-797) of employer B. And then come over to US.

Now I have these questions.

1. Does she require H4 extension/change of status approval (as suggested at Port of entry)?

2. Does she require H4 visa-stamp renewal ( as suggested by my HR) ?

3. If she goes for H4 visa-stamp renewal for employer B, will there be any issues because I (primary H1 visa holder) haven't done visa-stamp renewal with employer B?

I want her to join me asap..

regards,
Rajesh K
 
This is my opinion and I am not a lawyer.

rajeshkamisetty said:
1. Does she require H4 extension/change of status approval (as suggested at Port of entry)?
Click to expand...
No, not needed, she can enter with her current H4 stamped on her passport.

2. Does she require H4 visa-stamp renewal ( as suggested by my HR) ?
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No

3. If she goes for H4 visa-stamp renewal for employer B, will there be any issues because I (primary H1 visa holder) haven't done visa-stamp renewal with employer B?

regards,
Rajesh K
Click to expand...

She doesn't need to go, I do not know if there will be any issue if she does go for stamping.
 
Thanks, Eric

Answers for ?1 and ?2 - Perfect (if that's correct legally). That's what I thought too..

But I don't want my wife to be 'questioned' by port of entry official. I think it's better if she gets her visa stamped again and then come over.

Thanks again.

regards,
Rajesh K
 
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