Typical situvation!!

K

kishuibm

Registered Users (C)
Help wanted for one of my friend !!
his Question.
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I didn't apply for my wife's H4 extension along with my H1 extension. Now, I am planning to send my wife to India and ask her to come back before her existing visa stamping expiry in the passport. While coming back she can show my H1 approval and get the I-94 extended based on my h1 approval notice date. My question is,
as I don't her I-797 approval notice for H4, as I didn't apply for her H4 extension, will I be able to do her visa revalidation in US at a later date without her I-797 approval notice for H4.

needed this group expertice!!!
 
I didn't apply for my wife's H4 extension along with my H1 extension. Now, I am planning to send my wife to India and ask her to come back before her existing visa stamping expiry in the passport. While coming back she can show my H1 approval and get the I-94 extended based on my h1 approval notice date. this can be done for you. your wife will not be able to do this at the poe. either apply for h4 extension ($100-$200) here or ask her to get her visa stamped in her home country based on the approval copy of your h1 and enter againMy question is,
as I don't her I-797 approval notice for H4, as I didn't apply for her H4 extension, will I be able to do her visa revalidation in US at a later date without her I-797 approval notice for H4. no
 
I didn't apply for my wife's H4 extension along with my H1 extension.
Now, I am planning to send my wife to India and ask her to come back before her existing visa stamping expiry in the passport.
--- Correct
While coming back she can show my H1 approval and get the I-94 extended based on my h1 approval notice date.
------ YES she can do it, once she reaches POE she should show her passport with valid H4 visa stamp AND your H1B approval notice and she will get I-94 till your H1B status and her I-94 will reflect H4 status till your H1 approval notice
My question is,
as I don't her I-797 approval notice for H4, as I didn't apply for her H4 extension, will I be able to do her visa revalidation in US at a later date without her I-797 approval notice for H4.
----- Once she enters US with newI-94 on H4 status till your H1b status no need of H4 extension filling that has been extended at POE, I-94 is the document that is important and she will have I-94 with H4 status till your H1B expiry. Once she gets extended I-94 POE officer will staple in her passport. No need of H4 extension filling. Then send both the PP for revalidation with required documents. she will have valid H4 status till her I-94 no new I-797 needed for her
 
Gurus ..Thanks for the info ..
But i am seeing controversy statements which are given by two..
SAIGC says we cannot do at POE.
But Ginnu says we can do it POE if she gets her H4 I-94 extended based on her Husband H1 approval. Looks like technicaly this is correct Becasue She is in valid state..

any further comments pls for solving the situvation ..!!!!!
 
Speak to any good lawyer. I am 100% sure about my post and has been done by my friends spouse
 
Wonderful .. spoke to one of my lawers!!
He said the same thing what you said ..
If she gets her I-94 depends upon her husband new h1 approval .. yes .. She can send her passport for revaluatino .. She is in STATUS..

Thanks Ginnu
 
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