Urgent...please help

S

shah007

Registered Users (C)
My wife's H4 expires (first 3 years expiration) on April 1, 2005. She is in India right now and is coming back in the first week of March.

(1) Does she need to apply for her H4 extension.
(2) Do you think the immigration officers would pose a problem at the airport? (She has an Advanced Parole with her as a backup however she has not yet used her EAD).

Your help will be greatly appreciated.

Thank you,
 
1. Yes, she must apply for her H4 extension if you want to stay in H1B status until you get your I140 or GC. ..your H1B extension will not invoke H4 extension automatically.

2. I do not see any problem, but Immi. Officer may question the intention of getting to USA with a short validity period. So your wife must be able to give a valid reason, like you're working here and she went to India for a short vacation.

People travel even with 2 weeks validity, so no need to worry. But make sure she got all documents like your H1B copy
 
If the immigration officer questions her about the short validity period left on her visa, she can just tell him that you are in the process of applying an extension for her h-4. Also, make sure you DO apply for the extension (before expiration) if you wish to keep her H-4 status.
 
Check with your lawyer but I think you cannot apply for her H4 extension when she is in India.
 
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