Visa Date and Port Of Entry Issues.

D

Deepesh Jiwani

Registered Users (C)
Hi,
        I have my H1B till Apr 14th 2002. I have applied for my I 485 with a notice date of Nov 20th 2001. I already have my EAD card which is valid till Nov 2002. I still have 2 yrs on my 6 yr H1B Limit. I am planning a trip to my homeland back in India somewhere on Feb 13th and returning back around last week of March. I intend to get married and apply H4 for my spouse.
        
        Two small questions but very important

        1> will she get H4 as I would have only few weeks before my H1 is expired?

        2> At Port of Entry, are there any chances of Immigration Officer not letting us in with a point as to why you want to enter US when you have only 2 weeks on ur H1B?

Please advice as to what should I do-- go on with the same plan or extend my visa get a new stamp and than travel back to India.

Thank you for your timely help
Deepesh.
 
There is no problem

There shouldn\'t be any problem as long as you have valid H1 to get into US or to get a H4 for wife. But I would suggest apply for the H1 extension now, and you should get it by mid Feb, then you can go to India and get it stamped in India. My advice is based purely on for not taking any risks during these trouble times esp after 9/11 incidents.
 
Apply for H1 extension...

Even if it is not approved by the time you leave have your lawyer/employer forward it to you in your home country. Get a valid H1 stamp and also get your wife\'s H4 stamped at the same time. I think you have enough time for all that to happen.
 
No Title

In the application for H4, mention that you are going to apply for extension of H1 as soon as you are going to land in US (you can include a phrase like "or other valid status"). That should convince the visa officers.

At POE also, tell the same thing. As long as you have valid visas entry cannot be denied. But you are cutting it too close . What will you do if the H4 issuing officer wants more information, calls for an interview , asks for proof that a new H1 will be applied? Only 2 weeks of valid visa time is cutting is too close.

Discuss with your lawyer the benefits of showing your 485 application status to visa officer. Please Go prepared for all possible contingencies and plan to spend more time for H4.
 
Thanks -- Out of Stauts

Hi,
My attorney said there is no need to extend the H stauts as long as ur planning to come back before 14th April. I have one more question, does this mean that she will be out of status on 14th April 2002, or we can add her to my 485 application as soon as she comes here and she will not be out of status

Help!
Thank You
Deepesh
 
Immi gurus please respond

I have applied for AP last week and traveling to India mid fed and getting married.
I am expecting to get my H1 by end of feb and get stamped before returning.
But if I dont get my H1 I am planing to use my AP since my H1 is expiring on end of march.
Guys please let me know whether my H1 becomes invalid if I use my AP or is it only when u use EAD.b\'cos i am planing to get my spouse after my return and once my H1 extension is approved if it does not get approved before my return
Kind of really confused.Appreciate all u\'r feedback
 
don\'t use a H1 which is valid for few weeks..

INS may object if you have H1 valid for few weeks. So you have to have a new H1 with extension. Based on the 485 /AP they are not going to give H4. So better have your H1 extension with you .It\'s my opinion
 
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