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Need help with H4 extension date planning

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  • Need help with H4 extension date planning

    Hello all,
    I'm currently on H1B and it is expiring Sept 2013. My company is applying for an extension. My spouse is in India with our kids. They are all on H4. They will be visiting me for a month from May1st to June15th. When should I plan applying for an extension for all of us. My company says that the process takes around 2 months. I have been reading that If I apply now and when they travel back to India, the I-539 (H4 Extension) will be considered void. Should I wait till June15th 2013 for the application?

    Any help will be greatly appreciated!

    Thanks in advance.

  • #2
    If they are going to leave before Sep anyway, there is no need to apply for any extension. When they arrive in May using your current H1 petition, their I-94 will be until current H1 expiry. They can stay until that date. When the leave the US and want to return, if the H1 extension is approved at that time, they can use that petition to travel and their I-94's will match the new petition.
    This is my opinion and not legal advice.

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    • #3
      Thanks for the quick reply. Sorry I forgot to mention this: Once my H1B extension is approved, they are planning to travel again. Can you please explain what "petition to travel" mean? Apply for H4 from India?

      Thanks!

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      • #4
        They then use the new approved H1 petition to travel to US. If their H4 Visas are valid at that time, they can use those or if Visas have expired, they can use the new petition to obtain the Visas and then travel.
        This is my opinion and not legal advice.

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