Spouse Traveling a week before

[arum76]

Hello Seniours,

My wife and 2 kids (Indian son and US Daughter) traveling 10 days earlier than thire Visa stamped in passport.

Travel Date : 20 Sep 2008
Visa Stamped Till : Oct 1st 2008.

Q1: Will they have any problem while reentring into US?
Q2: Do they need any documents to carry with them?

Note: My H1B extension has been filed recently and waiting for recit.

Kindly give your advice.

Thank you

[abhayg4]

Hi,

Its not advisable/not good to bring ur family just 10 days before the Visa expiry:

REASONS:

(a) As you have applied for ur H1 extension but it is not approved yet so at Port of Entry - Immigration Officer will give them a new I-94 till Oct 1st '2008 i.e. they can stay in US till Oct 1st'2008 only.

(b) U should bring ur family only when ur H1 extension petition is approved and u have I-797A with you - so that when ur family comes - they can show the approved I-797A at Port of Entry and will get new I-94 till ur new H1 TO DATE

(c) Above case i.e. (b) holds good only if u receive ur new I-797A before their Visa expiry -otherwise they have to go again for H4 Stamping.

--Abhay
=============================================
Senior members please confirm the same

[txh1b]

They can enter as long as they have time to file for the H4 extension immediately upon entering on the basis of already filed H1 extension.

[arum76]

Thank you very much

Thank you very much for the reply.

[txh1b]

Let them carry prrof that your extension has been applied and is pending. They will get I-94 till end of visa only. You have to arrange to file their H4 extension immediately.

[arum76]

Does she need any of my Originals?

Thanks again.

[txh1b]

Does she need any of my Originals?

Thanks again.

Even if she does, how are you going to send now? She should be fine with copies. Take the originals with you to the airport, just in case :P

[arum76]

I'll carry, thanks again.

[arum76]

Thank you very much

Hi,

I just came back to this Forum to thank you.

My wife and kids reached US safly with out any problem.

POE officer adviced her to file Extension soon and they did not even ask for any proof of my extension status.

Thanks again.

[txh1b]

Great! Start the extension process ASAP and send the I539 out now.

[arum76]

Can I do it myself?

Hello txh1p,

Can I do I-539 process myself or should I go to my lawyer for that? He is charging $500 for my wife and $250 for my son.

I am not miser, but if I can why not?

Note: I got the recit for my extension yesterday.

Thank you,
Arum

[txh1b]

You can file the I539 yourself. Immihelp.com has detailed instructions. Not a big deal. It is pretty simple.
C'mon, you are not a miser, you are an immigrant