URGENT: Reentry into US when H4 visa close to expiration

[himkriti2009]

Hi All,

I am working on H-1B visa in the US. My wife has a valid H-4 visa stamped on her passport, and the visa expires on Jan 04, 2010. We have filed for visa extensions with the USCIS and our extension applications are pending (we have the receipt notice), and the chances of getting the approval notice before Jan 04, 2010 are pretty slim.

My wife had to urgently leave for India on 28th Nov, 2009. Now, we want her to come back to the US but have the following questions in mind:

1) Would it be a problem at the port of entry if the immigration officer sees that the visa is about to expire very soon (in the next 20-25 days or so)?

2) Will having a copy of the visa extension application receipt notice help to convince the immigration officer if they are skeptical about letting her in?

3) Worst case, what happens if she is denied entry at the port of entry? How does she buy a return ticket etc?

Will really appreciate any feedback in the regard.

Thanks in advance,
Himkriti

[shervin143]

See answers below.

Hi All,

I am working on H-1B visa in the US. My wife has a valid H-4 visa stamped on her passport, and the visa expires on Jan 04, 2010. We have filed for visa extensions with the USCIS and our extension applications are pending (we have the receipt notice), and the chances of getting the approval notice before Jan 04, 2010 are pretty slim.

My wife had to urgently leave for India on 28th Nov, 2009. Now, we want her to come back to the US but have the following questions in mind:

1) Would it be a problem at the port of entry if the immigration officer sees that the visa is about to expire very soon (in the next 20-25 days or so)?
>>>> This should not be a problem. As long as her Visa is valid, she can re-enter U.S. Traveling outside the country during pending extension will deny the extension.

2) Will having a copy of the visa extension application receipt notice help to convince the immigration officer if they are skeptical about letting her in?
>>>> Once she travels outside the U.S, her extension of H4 will be cancelled. However, just let her carry the receipt notice. As long as her visa is valid, she can re-enter U.S and will be getting an extended I-94 based on your approval notice. Make sure she carries your approval notice, latest pay slips, employment verification letter from your employer, marriage certificate and her valid passport with H4 visa.

3) Worst case, what happens if she is denied entry at the port of entry? How does she buy a return ticket etc?
>>>> Worst case is that the immigration officer will give an I-94 only till the validity of her visa (20-30 days). She will not be denied entry. In which case, you need to apply for her extension of stay again.

Will really appreciate any feedback in the regard.

Thanks in advance,
Himkriti