Urgent Help Needed!

R

roentgenindia

New Member
I'm on H1B working for state university and my wife and son both as dependent are on H4.
Their visa expires on 30th Jun and we have already filed application for extension through university on 27th April. Now, my wife has left to our home country India due to some medical emergency in her family on 12th May and I've not received any decision on our application till date.
While coming bach to US, she will require visa stamping again and we will need documents of extension of visa from USCIS. The processing time at present is approx 3 months; and I don't feel that it is possible to receive our documents before July end.
My question here is:

Is it possible for her to enter in US on existing visa before it expires (valid till 30th June) without new visa stamping? (we are looking for a date around 25th June 2010).

Thanks in advance for your help.
 
roentgenindia said:
I'm on H1B working for state university and my wife and son both as dependent are on H4.
Their visa expires on 30th Jun and we have already filed application for extension through university on 27th April.
-------That was correct if Extension was filed Before I-94 expiry date of your wife and son.
Now, my wife has left to our home country India due to some medical emergency in her family on 12th May and I've not received any decision on our application till date.

--------Your wife will need to get H4 visa stamp from US consulate and she will need your Papers for that.
While coming bach to US, she will require visa stamping again and we will need documents of extension of visa from USCIS.
------ You will need to get H4 visa stamp. She departed US BEFORE her I-94 expired and H1 extension filing reciept or approval is not needed but if you get Approvals or reciept of filind send it to her. She can show to Visa officer IF ASKED.

The processing time at present is approx 3 months; and I don't feel that it is possible to receive our documents before July end.
My question here is:

Is it possible for her to enter in US on existing visa before it expires (valid till 30th June) without new visa stamping? (we are looking for a date around 25th June 2010).
------She can enter US BEFORE 30th june if she has Valid Visa stamp. if your H1 approval has validty more than 30 June then send her Your H1 approval notice. She should show her Valid H4 visa stamp AND your H1 approval notice and she will get I-94 till your H1 approval notice and if she is in US when her H4 extension gets approved then she will have I-94 attached with H4 Ext approval and that I-94 will be her LATEST I-94
Thanks in advance for your help.
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Hey Ginnu! Thanks for your response.

In nut shell,I understood from your suggestions that:
1. She may enter with her valid visa on 25th Jun and after the approval of her application she will have another I-94.
2. I need to send her receipt of filing(I-797C) of application for both of us (as we neither have approval nor we are expecting it by the time she comes back) and these will be shown at port of entry.
Am I correct?
Thanks once again for your selfless help.
 
roentgenindia said:
Hey Ginnu! Thanks for your response.

In nut shell,I understood from your suggestions that:
1. She may enter with her valid visa on 25th Jun and after the approval of her application she will have another I-94.
---- She CAN enter with Valid H4 visa on 25th June AND at POE she should also show your H1 approval notice(IF your H1 approval validity is more than June June 30, If your H1 also expire on June 30 then she will get WHITE I-94 till June 30, if your H1 approval notice has Validity more than June 30 then she will get I-94 till validity of your H1 approval notice.
2. I need to send her receipt of filing(I-797C) of application for both of us (as we neither have approval nor we are expecting it by the time she comes back) and these will be shown at port of entry.
------ It means your H1 EXT has also not approved and she will get WHITE I-94 till June 30 and IF asked she can show your Pending H1 and her H4 Extension pending reciepts only IF asked
Am I correct?
Thanks once again for your selfless help.
Click to expand...
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Hi,

My wife filled the H4 online application and had server errors when trying to email confirmation, so ended up taking the printout of the entire application got appointment dates and went to the VFS office for submitting the application.
The VFS office rejected the form saying they needed the confirmation, inspite of the confirmation barcode being on the application.... So my wife was asked to cancel the form and reenter all details and generate a new confirmation. Now this time my wife created the confirmation got appointment and did not get the application printout. so the confirmation letter and app have different barcodes...... So guess what, we had to cancel the appointment again............ This deactivated our visa fees receipt for the next 90 days.... F#@K!!!!!
I dont understand whats the BIG DEAL with the 2 attempts .... anyways, my travel tickets are booked and all arrangements for the trip for my wife and newborn baby are made.... Please suggest what I can do to get the 90 days block removed. Is there anybody I can call and talk to? I'm in the US and sent a couple of emails to the VFS office but did not hear anything from them..... Please give me some suggestions. I need to get this resolved.

Thank you for your help in advance
VJ
 
She may enter with her valid visa on 25th Jun and after the approval of her application she will have another I-94.
2. I need to send her receipt of filing(I-797C) of application for both of us (as we neither have approval nor we are expecting it by the time she comes back) and these will be shown at port of entry.
 
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