Travel on H4 after H4 extension approval with old valid H4 visa stamp

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rrajendr

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Our(my,my wife’s) current visa stamp(with the same employer) expires on Sept 30th 2006 and our old I-94 expires on Aug 29th 2006 . Recently we had our H1B/H4 extension approved with the same employer till Sept 30th 2009. My wife on H4 would like to travel. I would like to know whether traveling and coming back before end of the visa stamp expiry (Sept 30th 2006) is ok for my wife on H4.
1)Is it OK TO TRAVEL and come BEFORE SEPT 30th 2006 using old visa stamp and the new approved I-797 for my wife on H4 ?
2)If 1) is possible, at the port of entry (POE) when returning to US when they issue new I-94 till what EXPIRY DATE will they give the I-94 till?
2a)I f they do give till Sept 30th 2006 what could be done at POE or elsewhere to CORRECT it till Sept 30th 2009.
2b)What is the PROCESS to make sure the correct I-94 is handed out at the POE?
3)If 1) is true, Will the new I-94 got at POE be enough to have HER IN STATUS TILL the NEW I-94 EXPIRY DATE in US or does she have to get new visa stamp to have her in status.
4)If 1) is true, Till WHEN can she use the EXISTING VISA and return back? Ie the LATEST TIME till she can return back.
4a)Is it ok for her to travel and return back by Sept 25th 2006?
 
rrajendr said:
Our(my,my wife’s) current visa stamp(with the same employer) expires on Sept 30th 2006 and our old I-94 expires on Aug 29th 2006 .
Recently we had our H1B/H4 extension approved with the same employer till Sept 30th 2009.
My wife on H4 would like to travel.
I would like to know whether traveling and coming back before end of the visa stamp expiry (Sept 30th 2006) is ok for my wife on H4.
-------that is OK
1)Is it OK TO TRAVEL and come BEFORE SEPT 30th 2006 using old visa stamp and the new approved I-797 for my wife on H4 ?
----- OK
2)If 1) is possible, at the port of entry (POE) when returning to US when they issue new I-94 till what EXPIRY DATE will they give the I-94 till?
---------------at POE she will show valid Visa stamp AND YOUR H1 approval and will get I-94 till 30th 2009

2a)I f they do give till Sept 30th 2006 what could be done at POE or elsewhere to CORRECT it till Sept 30th 2009.
----- point ut to office or ask for supervisor.
2b)What is the PROCESS to make sure the correct I-94 is handed out at the POE?
----------------- show valid visa stamp AND your H1 approval notice
3)If 1) is true, Will the new I-94 got at POE be enough to have HER IN STATUS TILL the NEW I-94 EXPIRY DATE in US or does she have to get new visa stamp to have her in status.

----------- she will get I-94 till Your H1 status and next time she goes out of US after Visa stamp expiry she needs to get H4 visa stamp to enter US
Click to expand...
 
Hi Ginnu
Thanks for the reply. However you missed out answering to one of the question I asked. I repeat it again below. Could you please answer it?

4)If 1) is true, Till WHEN can she use the EXISTING VISA and return back? Ie the LATEST TIME till she can return back.
4a)Is it ok for her to travel and return back by Sept 25th 2006?
 
rrajendr said:
Hi Ginnu
Thanks for the reply. However you missed out answering to one of the question I asked. I repeat it again below. Could you please answer it?

4)If 1) is true, Till WHEN can she use the EXISTING VISA and return back?
---- any day before the expiry date of visa stamp.
Ie the LATEST TIME till she can return back.
--------- better be back 5-6 days before visa expiry ( one person missed next flight due to flight day, so it is better to reach early)

4a)Is it ok for her to travel and return back by Sept 25th 2006?
--yes
Click to expand...
 
Thanks ginnu for the replies. I have one other question and clarification on 3)

3)3)If 1) is true, Will the new I-94 got at POE be enough to have HER IN STATUS TILL the NEW I-94 EXPIRY DATE in US or does she have to get new visa stamp to have her in status.

----------- she will get I-94 till Your H1 status and next time she goes out of US after Visa stamp expiry she needs to get H4 visa stamp to enter US

You answered as above. thanks on that. However I would like to know when she gets the new I-94 valid till Sept 2009 and enters US does will she AUTOMATICALLY BE IN STATUS till the new I-94's expiry date(ie Sept 2009) or does she also have to get a NEW VISA STAMP reflecting the new H4 expiry date of Sept 2009 to have her in status till sept 2009

5)If as H1B I also TRAVEL SEPARATELY, will all the above answers (from a H4 perspective) from you for the questions 1) to 4) STILL BE VALID for H1B travel of mine.
 
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rrajendr said:
Thanks ginnu for the replies. I have one other question and clarification on 3)

3)3)If 1) is true, Will the new I-94 got at POE be enough to have HER IN STATUS TILL the NEW I-94 EXPIRY DATE in US or does she have to get new visa stamp to have her in status.

----------- she will get I-94 till Your H1 status and next time she goes out of US after Visa stamp expiry she needs to get H4 visa stamp to enter US

You answered as above. thanks on that. However I would like to know when she gets the new I-94 valid till Sept 2009 and enters US does will she AUTOMATICALLY BE IN STATUS till the new I-94's expiry date(ie Sept 2009)
-----------YES
or does she also have to get a NEW VISA STAMP reflecting the new H4 expiry date of Sept 2009 to have her in status till sept 2009
-------------- if she has valid I-94 till 2009 and staying in US she does not need H4 Visa stamp to stay in US.
same for you if you get I-94 based on H1 approval you can work till I-94 expiry date. Visa is Only for entry to US. I-94 is duration of stay in particular status to stay in US.
for more info go to your lawyer
Click to expand...
 
Hi Ginnu
Thanks for the replies. Sorry, I couldn't comprehend the answer for question 5) alone. I repeat the question 5) again. Sorry, my lawyer is not very knowledgeable enough with these questions and is taking more time to get back to me and since I am scheduling my travel plans, your answers have been very helpful.

5)If as H1B I also TRAVEL SEPARATELY, will all the above answers (from a H4 perspective) from you for the questions 1) to 4) STILL BE VALID for H1B travel of mine.

Do you mean to say that for the H1B (myself) to travel SEPARATELY and return back the answers to questions 1-4 are as follows:
1)It is OK for the H1B holder to travel and come back before Sept 30th 2006.
2)At POE they will give the I-94 valid till SEPT 30th 2009 for the H1B traveler.
2a)At POE point it to the officer or supervisor and have it corrected.
2b)Show valid visa stamp + my H1B approval to have the correct I-94 handed out for the H1B traveler.
3)I will be in-status AUTOMATICALLY in US by procuring the I-94 till Sept 30th 2009 and could work up till Sept 30th 2009 on it legally. I would need H1B stamping only when I need to travel back next time after my current visa expires.
4)I could use the visa stamp and return back BEFORE it EXPIRES. However it is advisable to return back before 5-6 days of the visa stamp expiry.
4a)YES, it would be ok to be back before Sept 25th 2006 for the H1B traveler.
 
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