Returning to US close to H4 expiry

S

sreedhar76

New Member
My current H1-B expires on 1 Feb, 2007, and a H1 extension has been filed for me (and not yet approved) and not for my wife. My wife is currently in India and her H4 visa is valid till 1 Feb, 2007. If she returns to US now with one week left, will there be any issues (if we show the officer at the port of entry my extension papers and mention that We are planning to file for her H4 extension as soon as she lands)? Please advise.
Thanks,
Sreedhar
 
Your assumptions are correct.

But avoid last minute entry, any flight delay cross over to expiry date she will be deported


sreedhar76 said:
My current H1-B expires on 1 Feb, 2007, and a H1 extension has been filed for me (and not yet approved) and not for my wife. My wife is currently in India and her H4 visa is valid till 1 Feb, 2007. If she returns to US now with one week left, will there be any issues (if we show the officer at the port of entry my extension papers and mention that We are planning to file for her H4 extension as soon as she lands)? Please advise.
Thanks,
Sreedhar
Click to expand...
 
You should have been applied H4 for your wife also, when you'd applied for your H1 extension.

She should come within 1 week (if you are stick to ur current plan), otherwise once your H1 gets approved, you can send that approval to her and she can get the new H4 visa stamped in the passport and enter US without any worries/issues.
 
sreedhar76 said:
My current H1-B expires on 1 Feb, 2007, and a H1 extension has been filed for me (and not yet approved) and not for my wife. My wife is currently in India and her H4 visa is valid till 1 Feb, 2007. If she returns to US now with one week left, will there be any issues (if we show the officer at the port of entry my extension papers and mention that We are planning to file for her H4 extension as soon as she lands)? Please advise.
Thanks,
Sreedhar
Click to expand...
she can enter with H4 visa but may not be possible to file her H4 extension with USCIS BEFORE her I-94 expires.
*better to get H4 visa stamp after your H1 is approved and then enter US on H4
 
similar situation..

My wife entering on H-4 a week before visa stamp expiry. However she is carrying extended I-797 approved petition with validity till 2009. She should get I-94 based on that date?
 
guyfromsg said:
My wife entering on H-4 a week before visa stamp expiry. However she is carrying extended I-797 approved petition with validity till 2009. She should get I-94 based on that date?
Click to expand...
if she has valid H4 visa stamp AND YOUR H1 approval notice that is valid till 2009 then she can get her I-94 till 2009. she need to show valid H4 visa stamp AND your H1 approval notice at POE and she should check the date on I-94 and if any mistake point it to officer or ask for the supervisor
 
Thanks...but

ginnu said:
if she has valid H4 visa stamp AND YOUR H1 approval notice that is valid till 2009 then she can get her I-94 till 2009. she need to show valid H4 visa stamp AND your H1 approval notice at POE and she should check the date on I-94 and if any mistake point it to officer or ask for the supervisor
Click to expand...

Thanks for your help. SInce you've answered several questions in this forum you may have good knowledge on this subject. In my search I never found any H-4 getting stamp based on I-797 it's all H1 principal applicants.

My basis of question is I heard a rumor that if H-4 dependent is traveling alone she/he would get I-94 expiry date based on visa stamp. Only if traveling with Principal applicant the I-94 will be upt to 797 date. Is this true?. I have any way given my original 797 extension and she is carrying her's as well.
 
guyfromsg said:
Thanks for your help. SInce you've answered several questions in this forum you may have good knowledge on this subject.

In my search I never found any H-4 getting stamp based on I-797 it's all H1 principal applicants.
-------------- Many got it and getting it
My basis of question is I heard a rumor that if H-4 dependent is traveling alone she/he would get I-94 expiry date based on visa stamp. Only if traveling with Principal applicant the I-94 will be upt to 797 date.

Is this true?.
--------------------------not true
I have any way given my original 797 extension and she is carrying her's as well.

-------------------------She can get her I-94 valid till H1 holder approval notice if she shows valid H4 visa stamp AND your H1 approval notice at POE
Click to expand...
 
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