H4 Extension.

[venkus]

Hi,

Actually, my H1B and H4 to my family got at the same time and valid until Sept 2007.

1) Last year I did my H1B transfer to new employer and got only my I-94 extension upto June 2009 with New Notice of Action.

2) Now our (all of our) orginal visa on passport (H1B / H4) is going to expire end of Sept'07.

3) We visited India, and On return, all our (family) passport I-94 expire date is June 2009 at the port of entry.

Questions / doubts ----
1) Do I need to apply for H4 for my family? or a valid I-94 on passport is good enough (which is until June 2009)? I remember while applying for my H1B transfer I sent all the details about my family H4 extension but got only my I-94 extesion.

2) If we want to visit India again what should I do, like going to Mexico or Canada to get new visa issue? or take appointment with US consulate in India.

I appricate in advance and please responsed.

Thank you.

[Subramanya]

H1 and H4 issues

Actually, my H1B and H4 to my family got at the same time and valid until Sept 2007.

1) Last year I did my H1B transfer to new employer and got only my I-94 extension upto June 2009 with New Notice of Action.

2) Now our (all of our) orginal visa on passport (H1B / H4) is going to expire end of Sept'07.

3) We visited India, and On return, all our (family) passport I-94 expire date is June 2009 at the port of entry.

Questions / doubts ----
1) Do I need to apply for H4 for my family? or a valid I-94 on passport is good enough (which is until June 2009)? I remember while applying for my H1B transfer I sent all the details about my family H4 extension but got only my I-94 extesion.

---- There is some thread missing here. You have sent in all the details for H4 but have you actually applied for their extension by using form I-539 and did you get a receipt when you sent the application for H4 extension. This may not be necessary if your family has a Valid and unexpired Visa and I-94

2) If we want to visit India again what should I do, like going to Mexico or Canada to get new visa issue? or take appointment with US consulate in India.

---- If you have a I-797 from a new employer you may be able to visit India and come before Sept.07 as your Visa is expiring by that time. At the POE show your Visa and the new I-797 and they should be giving you a I-94 till June 2009

Subramanya

[venkus]

Thanks for you reply Mr. Subramanya.

While my H1B transfer, I submitted I-539 signed by my wife and Marriage Cert, Birth Cert of my kids.

I think my attorney missed that. I need to process H4 for my family its extra expense.

Whats your suggestion on atteding US consulate,Mexico for visa stamp with new extesion. Do I need to get before expire of old one ?

Thank you.

[amulyavenkat]

H4 extension , pls help, urgent !

Hello Subramanya,

I have seen that u have been answering queries regarding H4 extension. I am also in a similar situation, pls advice.

I am on H4 visa which expires on Sep 30, 2007.My husband has a H1b which expires on April 11, 2009. We dint file for an extension of my H4, since we had travel plans in Dec 2006 and thought I would go for stamping again. But I dint go to India and now I have to go to india in sep first week. My attorney says I need not go for a stamping and i will be issued a new I-94 based on my husband's H1b if I come before my visa expires.

My queries are

1. Do you agree with what my attorney says ? and have u heard of any such cases ?
2. If we have to apply for an extension of my H4 upon my return from india, how many days prior to the expiry of my current visa (sep 30, 2007) should we apply ?

Please advice.
Thanks in Advacne.

- Amulya

[waitin_toolong]

as long as you are entering before the current stamp expires and have the new H1 documents your attorney is correct.

I our case we id this for both H1 and H4