Should i apply for New H4 or can travel with present H4 stamping

[dokter]

Hi
I have a H1 stamping valid until September end and i have recently applied for my H1 extension and got until September 2014,
i applied for my wife H4 6 months back and got untill september 2013 and she never came to india, i'm planning to go to india and
bring her by september 1st week, but with the present visa she will be having only 3 weeks left when she enters here, the questions is

FYI - I have also scheduled for a stamping in India with my new H1 extension petition and my present stamping is valid until september 2013

1) Should i be applying again a H4 for my wife with my new petition which is valid until September 2014

or

2) she can travel with me with the present H4 and will she get permission to stay until september 2014 as my petition is valid until september 2014,
even if she has her stamping until Sep 2013

Cheers
kk

[dokter]

Hi can anyone respond to this please

thanks
kk

[raghvi]

Hi can anyone respond to this please

thanks
kk

Technically as long as you and your spouse have a valid H1 and H4 visas in your passport as of date of travel, you two can travel and request the officer at POE to give both of you I-94 with date matching your new petition. If he/she gets convinced and gives I-94 till Sep you are good. But Off late officers give I-94 only till visa date in the passport so if that happens you will have to file for an extension as soon as you land because you will have I-94 validity only till Sep 2013 based on your earlier visa.

This is my opinion not legal advice.