H4 entering US after spouse H1 extension is approved

[NeedHelp2009]

Hi,

My wife is travelling to US for the first time on H4 tomorrow and my H1 is valid till 30 Sep 2009. I applied for H1 extension and just few hours back i came to know that extension has been approved and i dont have the new documents as it takes some time to get those to hand.

My question is

1. Does she need to carry new H1 copy along with her when she enters US or is it ok if she enters US with the copy of Old H1 which is valid till Sep 30?

Please help in this regard.

Thanks,
NeedHelp2009

[NeedHelp2009]

Hi,

Could some one advise me on this? I really need this info to avoid confusion at POE.

[txh1b]

If you want to save some $$$ avoiding applying for the extension of the H4 as soon as she enters, carry your latest approval with you to the airport, once she comes out, go to the deferred adjudication office in the airport and get the I-94 date changed as per your latest H1b approval.

If you don't have the approval notice, she will get the I-94 till Sep 30 and you will be spending $$ applying for an extension for her.

[NeedHelp2009]

Hi...

Thank you very much for your reply!!!

[Member08]

as an extension to the Q posed by 'NeedHelp2009' could someone clarify whether date change on the I-94 from the deferred adjudication office in the airport is still needed if an H4 extension was approved along with the H1 extension?

lets say the spouse was admitted into the US based on a valid H4 visa which expires in Sept '09 and the I-94 was stamped accordingly (to expire in Sep'09). However, an H4 extension for the spouse was also approved along with the H1 extension for the primary applicant - till May 2012. Under this situation, can't the spouse continue his/her stay till May 2012 using the I-94 from the H4 extension ( extended I-797) without changing the date stamped on the I-94 received at the POE as long as he/she ensures to surrender both I-94s before the next travel?

OR would the date still needed to be changed from Sep '09, as issued at POE, to May 2012 at the airport office at the time of arrival itself?

[txh1b]

When a person returns the I-94 at the airport, the arrival record pertaining to that I94 # gets closed with the matching departure record submitted at Exit.

If one enters again and gets a new I-94, the white I-94 at POE determines the stay. However, there is an old INS policy guidance that if the last action gives and extended I-94 after the entry, that will still hold good. Legacy INS policy guidance is not considered a law though. Read about cloning posts on the forum and you may try to apply the same concept to the H4 extension.

If the extension came before the person entered at the airport, the latest white I-94 is what determines the stay.

I would say that based on the uncertainty in the law, going back to deferred inspection office and getting the white I-94 date changed is the safest option if possible.

Rest is personal choice. I would not be comfortable with the hypothetical situation as describer by the previous poster and continue staying past the white I-94 date given the same scenario happens with my family.