Regarding H4 travel

[anto0419]

Hi,

I am from India and I am working in US with valid H1B visa. My visa is getting expired on September 30 2015 and my company applied extension for me(got receipt number this week).

My spouse is having stamped valid H4 visa till Sep 30 2015.
She wanted to travel from India by August mid (after 12th) to US. So she will be having almost 45 days of visa validity during her travel.
Will it make any issue or any risk for her travel. Kindly provide the thoughts. Immediate response is appreciated.

Thanks.

[shervin143]

She can travel. But her I-94 will be issued only till your H1B approval notice expiry date (Sept 30th) and you will have to file her H4 extension immediately upon her arrival. Give her a copy of your H1B extension receipt notice and your existing approval notice to carry. If the officer at the POE asks about the short validity, she should explain that your H1B extension is already filed (show the H1B extension receipt notice) and mention that she will file her H4 extension immediately.

If she travels after your H1B is extended, then by showing a copy of your latest approval notice, she can get an extended I-94 (until your extended petition's expiry date) and there will be no need to file the H4 extension.

[anto0419]

Thanks for responding Shervin.

I have some questions.

1. Is there any minimum visa validity is required (like 1 or 2 months) for spouse to travel to US?.
2. If my petition is not approved, then she need to travel back to India before Sep 30?

Thanks again.

[shervin143]

1. Is there any minimum visa validity is required (like 1 or 2 months) for spouse to travel to US?.
>>> No such requirement. You can travel as long as the visa in the passport is valid. But i is advisable to keep some time so that there is enough time to file the extension. Advisable to travel at least 1 month in advance.

2. If my petition is not approved, then she need to travel back to India before Sep 30?
>>> Not required. You can file her H4 extension based on your pending H1B extension using your H1B receipt notice. As long as the H4 extension is field and the documents reach USCIS before her I-94 expires, she can continue to stay based on the pending extension.

[anto0419]

Regarding H4 travel

Hi Shervin,

My wife reached US safely. Thanks for responding my queries.

I have one question. My employer is now asking to file extension for my wife. Since my visa extension is filed(got receipt number 2 weeks back) I will also file the extension for her.
My question here is if she wants to go back to India in 2 months like starting October(lets assume I did not get the decision for my extension and also for her during that time), Will it affect my extension or any problem to her to travel back to India?

Thanks.

[shervin143]

It will not have any impact on your H1B extension. However, if she leaves U.S while her H4 extension is under progress, then her H4 (EOS) may get denied. But she can always re-enter after your H1B extension gets approved and show your latest I-797 at the POE to get an I-94 matching your extended petition. So it is no big deal.

Hi Shervin,

My wife reached US safely. Thanks for responding my queries.

I have one question. My employer is now asking to file extension for my wife. Since my visa extension is filed(got receipt number 2 weeks back) I will also file the extension for her.
My question here is if she wants to go back to India in 2 months like starting October(lets assume I did not get the decision for my extension and also for her during that time), Will it affect my extension or any problem to her to travel back to India?

Thanks.