H4 Visa Expires - Any problem in POE ( Urgent )

[kingmohd]

My petition was filed on 2007 and i got the stamping on Nov 2009. I came to US on 19th May 2010. My wife also got H4 Visa along with me on the same date.

Now my Visa is going to expire on 30th Sept 2010. Will she able to travel in the month of september, may be 18th sept 2010 ? Will there be any problem in the port of entry for my wife or any other difficulties she has to be face while entering ? As she is carrying for 2 months, she cant be able to travel now.

Please reply.

[shervin143]

My petition was filed on 2007 and i got the stamping on Nov 2009. I came to US on 19th May 2010. My wife also got H4 Visa along with me on the same date.

Now my Visa is going to expire on 30th Sept 2010. Will she able to travel in the month of september, may be 18th sept 2010 ? Will there be any problem in the port of entry for my wife or any other difficulties she has to be face while entering ?
>>> Your visa has nothing to do with her travel. As long as her H4 visa and your I-797 are valid, she can travel. However, she will get the I-94 only till your petition expiry date (which ~ 1 month).

As she is carrying for 2 months, she cant be able to travel now.
>>> If she is not suppose to travel, when why is she traveling? I don't get your point.

[kabkaba]

Is she traveling to US or from US?
If she is in the US right now, she must leave before her I-94 expires or file for extension.
If she is outside the US and wants to enter on Sep 18, she can technically do so if her visa and your petition approval notice is valid and you are present in the US in H1 status (or entering with her). Her I-94 will reflect your latest petition expiry date.

[kingmohd]

H4 Visa for my wife

To your response...

She is outside the US and wants to enter to sep 18.
My Visa and petition approval notice is valid. My visa get expires on 30th Sept.


If my employer file for H1B Extension, then she can enter into US and dont need for any H4 stamping right?

Thanks
Rajamohamed

[shervin143]

She will need a valid H4 visa to enter U.S. If your extension is approved, then she can enter U.S using her valid H4 visa and your extended H1B petition which will get her a I-94 that is valid until your extended petition expiry date.

To your response...

She is outside the US and wants to enter to sep 18.
My Visa and petition approval notice is valid. My visa get expires on 30th Sept.


If my employer file for H1B Extension, then she can enter into US and dont need for any H4 stamping right?

Thanks
Rajamohamed

[kingmohd]

She has a valid H4 Visa till 30 Sep 2010. In that case, it wont be any issue if she can travel from india to US on sept 18th ?

And also How many days it will take for my H1B extension if my employer file on August 2010?

[shervin143]

She has a valid H4 Visa till 30 Sep 2010. In that case, it wont be any issue if she can travel from india to US on sept 18th ?
>>> As long as the visa is valid, she can enter. However, the I-94 will be issued only till the validity of the visa or your H1B petition (12 days).


And also How many days it will take for my H1B extension if my employer file on August 2010?
>>> 2-3 months by normal process and 15 days by premium.

[kingmohd]

And also How many days it will take for my H1B extension if my employer file on August 2010?
>>> 2-3 months by normal process and 15 days by premium.

If she comes in sept 18th to U.S and gets I94 till 30th Sept. And parallely my H1B extension is in process, then in that case. She can stay here after the validity period with me as my H1B extension is in process?

[shervin143]

She cannot stay beyond her I-94 expiry date. Then what is the point in having an I-94 with expiry date? She should either leave the county or file for H4 extension immediately upon entering U.S. When her H4 gets approved, the approval will come with a new extended I-94.

The extension can be applied based on your approved H1B extension or with just the filing receipt number (If your don't get the extension by that time).

And also How many days it will take for my H1B extension if my employer file on August 2010?
>>> 2-3 months by normal process and 15 days by premium.

If she comes in sept 18th to U.S and gets I94 till 30th Sept. And parallely my H1B extension is in process, then in that case. She can stay here after the validity period with me as my H1B extension is in process?

[kabkaba]

If your extension is approved before Sep 18 and she uses that approval notice to enter, her I-94 should read the extended approval date and she needs to do nothing until that date.

If your extension is pending on Sep 18 and she enters using your previous approval, her I-94 will read Sep 30 and she needs to apply for extension using I-539 and your extension receipt notice. In order to simplify things if you expect that your extension will still be pending on Sep 18, then plan for her entry on an earlier date, so that she can timely file I-539.

[kingmohd]

Hi Kabkaba

What could be the earliest date that she can travel to US, so that i can file for H4 Extension.?