URGENT questions for having H4 and entering to US

ddoa

New Member
Hi...
I have somewhat odd situation right now.

Situation:
My current H1B visa expires July 31, 2011.
My new H1B visa starts from August 01,2011.
At the time of applying this new extended visa, I filed as single because I was single at the time of applying this.
(Now my official status is married.)

I will travel to my home country from June 11 to July 3 for marriage.

Questions:

Q1: Do I need get new visa stamp when I visit home country? If so, they will give me the stamp that starts from August 01. I heard that there is 10 days rule to enter to US before starting date of H1B visa (I'm only eligible to enter to US before 10 days from the starting day of Visa). Thus I and my wife may not come back to US till July 22. I spoke someone in US embassy in home country, she told me to inquire USICS whether there is an exempting rule if the company on current and new visa is the same since I’m trying to extend my H1B visa.

Q2: If I and my wife want to come to US together on July 03, what is the best way to have H4 visa? If she applies a dependent H4 visa with my current H1B visa, I guess she may get H4 visa that will be valid till July 31. However, from August 01, she will not be in legal status since her H4 visa will be expired since I filed as single when I applied extended H4. Is there any way to add my wife as a dependent in US on my new H1B?

Scenarios and Problems:

1. When I visit home country, I and my wife will have a schedule to have a visa stamp with my new H1B visa (start from Aug 01).
Problem: If the consul issues the stamp of H1B and H4 starting from Aug 01, I and my wife may not come back to US till July 22 because of 10 days rule. If I’m ok to enter to US with my new Visa since I have previous valid visa, will my wife be also ok to enter to US with me? She probably may not have H4 visa that is valid at the time of enter to US. (Hers may starts from Aug 01)

2. My wife applies H4 visa with my current H1B visa (expires July 31) to come to US with me.
Problem: Because my current visa expires July 31 and she will have an interview on June 13, I’m doubtful whether the consul will issue H4 visa to her. If there is no problem having this H4 visa, another problem may occur after her H4 visa is expired. I filed my new H1B visa as single, her status from August in US may be illegal.


Please get me an any advice wrt these questions. Thanks
 
Hi...
I have somewhat odd situation right now.

Situation:
My current H1B visa expires July 31, 2011.
My new H1B visa starts from August 01,2011.
At the time of applying this new extended visa, I filed as single because I was single at the time of applying this.

(Now my official status is married.)
----------------- your status married will be after the marriage
I will travel to my home country from June 11 to July 3 for marriage.

Questions:

Q1: Do I need get new visa stamp when I visit home country?
---------------- if you reach US POE BEFORE July 31, 2011 you don't need new Visa stamp and at POE show your Valid Visa stamp in Passport AND Latest H1 approval notice to officer so that you can get I-94 till your latest H1 ext Approval notice.

If so, they will give me the stamp that starts from August 01. I heard that there is 10 days rule to enter to US before starting date of H1B visa (I'm only eligible to enter to US before 10 days from the starting day of Visa). Thus I and my wife may not come back to US till July 22. I spoke someone in US embassy in home country, she told me to inquire USICS whether there is an exempting rule if the company on current and new visa is the same since I’m trying to extend my H1B visa.

Q2: If I and my wife want to come to US together on July 03, what is the best way to have H4 visa? If she applies a dependent H4 visa with my current H1B visa, I guess she may get H4 visa that will be valid till July 31.
-----correct, But if she comes to US before your H1 Visa stamp expired and show the POE officer your Latest H1 approval notice then she will get I-94 till your Latest H1 approval notice
However, from August 01, she will not be in legal status since her H4 visa will be expired since I filed as single when I applied extended H4.
--------- if she comes to US on H4 visa status and at POE she shows your H1 Extension approval notice then she will get I-94 till your latest H1 approval notice. It does not matter if at the time of H1 ext filing you wrote Single or Married on form that were sent to USCIS.H4 is based on your present status.
Is there any way to add my wife as a dependent in US on my new H1B?
--- What do you mean by ADD?Nothing to ADD your wife on your H1.

--------------------------
 
Thanks ginnu.

I'm not sure how to proceed this.
Do you mean that I do not need to get new stamp and my wife need to get stamp with my old H1B visa to enter to US in July 3?
 
Thanks ginnu.

I'm not sure how to proceed this.
Do you mean that I do not need to get new stamp and my wife need to get stamp with my old H1B visa to enter to US in July 3?
*** you CAN enter US before your old H1 Visa stamp expires and at POE show your Latest H1 and you will get I-94 till Latest H1 Validity.
If you want to get new H1 Visa stamp based on your latest H1 approval you can do that. If I am in your situation I will not go for new H1 Visa stamp as at this time the Consulates in India are asking truck load of Documents from US employer side and many get H1 Visa stamp Rejected( I am not trying to scare you)

** your wife can take your Current H1 approval and Latest H1 approval notice, she should give them both as you are currently on H1 status. Consulate may stamp her H4 till your Latest H1 approval notice . if the Consulate only stamp her H4 till July 3 then at POE she should show Visa that is Valid till July 3 AND also she should show your LATEST H1 approval notice so that she can get I-94 till your Latest H1 Approval notice.
Good Luck
*** Post the exp of Visa stamping or entry.
 
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