Travel to India on H4 Pending

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vjkmr

Registered Users (C)
Hi all,

My wife and son's H4 (I-94 also) expired along with my H1B on Sep 30 2008 and My employer applied our extension in Sep 2nd 2008. My wife and son's I-539 returned back to us saying my wife signature needed and we reapplied on Sep 22nd 2008. In october 20th 2008 my I797 got approved through Premium process but My wife and son's case is still showing as Recieved on 22nd september and pending. (We recieved EAC#). I have few issues
1. I need to enroll my son in kindergarten (might be in febrauary 2009). Will this be any problem because they are not having a valid H4.
2. My wife and son are planing to travel india in March 2009. If their case status is pending that time then will they get any problem in their return. Please advice what we need to do.
3. Do they need to leave before 180 days of after I-94 expired date? Please advice.

Thanks in advance for your advice/help.

Thanks,
Vijay
 
vjkmr said:
Hi all,

My wife and son's H4 (I-94 also) expired along with my H1B on Sep 30 2008 and My employer applied our extension in Sep 2nd 2008. My wife and son's I-539 returned back to us saying my wife signature needed and we reapplied on Sep 22nd 2008. In october 20th 2008 my I797 got approved through Premium process but My wife and son's case is still showing as Recieved on 22nd september and pending. (We recieved EAC#). I have few issues

1. I need to enroll my son in kindergarten (might be in febrauary 2009). Will this be any problem because they are not having a valid H4.
----------- others will post.
2. My wife and son are planing to travel india in March 2009. If their case status is pending that time then will they get any problem in their return. Please advice what we need to do.
-----------------they need to get H4 visa stamp based on your H1 status to enter US
3. Do they need to leave before 180 days of after I-94 expired date? Please advice.
-------------------- at this time they have Pending H4 extension that was filed BEFORE I-94 expiry date.

Thanks in advance for your advice/help.

Thanks,
Vijay
Click to expand...
Who sent your wife H4 extension form I-539 without her signature on the form? If lawyer sent it then request your employer not to deal with him/her in future.
 
Thank you ginnu for your reply.
We have recieved our H4 extention in january and My wife and Kid went to india in Febraury 15th 2009. Do they need to get H4 stamping before coming here? They have I-94 extention and I-797. Can they get stamping with out me? I got H1B extention but not yet get stamping on my visa. Do I need to be there with them? Please advice me what are the documents needed?
 
Last edited by a moderator:
vjkmr said:
Thank you ginnu for your reply.
We have recieved our H4 extention in january and My wife and Kid went to india in Febraury 15th 2009.
Do they need to get H4 stamping before coming here?
----------------if they dont have H4 visa stamp they need to get H4 visa stamp based on your H1 status.
They have I-94 extention and I-797.
---------------------They were supposed to surrender all I-94 at airline counter before they went out of US.
Can they get stamping with out me?
--------------Yes
I got H1B extention but not yet get stamping on my visa. Do I need to be there with them?
---------------they can get H4 visa stamp with you when you go for H1 stamp or they can get when you are not with them. they will need your H1 approval notice and other documents.
for more info check the website of US consulate where they will apply H4 visa stamp.
Please advice me what are the documents needed?
Click to expand...
--------------
 
Thanks for your immediate response ginnu.

Do they need my original approval notice (I-797/I-129)?

Thanks,
 
vjkmr said:
Thanks for your immediate response ginnu.

Do they need my original approval notice (I-797/I-129)?
------------------------Yes. they should provide what consulate officer asks. you need to check that particular US consulate site for more info.
Thanks,
Click to expand...
------------
 
Thanks ginnu,

Our visa expired on 30 september 2008 and got extenson in Jan 2008. Planning to book appointment at chennai in April 2009. My wife and kid left to chennai on Feb 2009. They will be back in April/May 2009
Can I apply as Visa renewal?

Thanks
 
Last edited by a moderator:
vjkmr said:
Thanks ginnu,

Our visa expired on 30 september 2008 and got extenson in Jan 2008. Planning to book appointment at chennai in April 2009. My wife and kid left to chennai on Feb 2009. They will be back in April/May 2009


Can I apply as Visa renewal?
-------------- You can apply for H1 visa stamp.
Thanks
Click to expand...
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