H4 question ...Urgent plz.

[barhooma99]

Hello friends,
My wife is holding H-4 visa accompanying me ( H-1B ) visa which is valid to March 10th 2011 and she want to visit her family in Canada these days
her passport is valid till 2015 , her H-4 visa is multi entry and expiry date is Nov.30th 2010, with i-94 also till Nov.30th 2010 , NOW the question is: Is it safe to travel for one week I MEAN ANY PROBABLE ISSUES? and what are the requirements needed to be taken with her? i mean any documents,papers, others...
PLEASE senior members your kind suggestions.. thanks

[txh1b]

If you have a I797 valid further beyond your wife's H4 visa, your wife should carry the I797 and show it either at preboarding inspection in Canada. She can travel at anytime as long as she has a valid visa.

If she shows your current I797, she should get a new I-94 at borading or at the border that is valid till your I797 validity date.

No other issues. If she gets the I-94 valid only till her visa expiration date, you will have to apply for an extension immediatelyupon returning. So it is important to inform the officer of the I797 validity of they stamp expiration earlier than that date.

[kabkaba]

She can travel and return with the same I-94 or in fact if your H1 petition is extended until later, she has this opportunity to extend her own I-94 as well.
She has to submit her current I-94 when she leaves the US to a CBP officer. On re-entry she must show a copy of your latest H1 petition approval notice, your latest I-94 and her passport and Visa. With these she will get a longer duration I-94. Just make sure her return date is before Visa expiry.

[barhooma99]

Thank you so much , it's only a week and sure she will get back before visa expiration ,
Only.. Can she argue with them if they don't consider my i-797 validity date (which is March10th. 2011) in giving her the new i-94 ??
thanks again

[kabkaba]

That is not very likely to happen. But if she is given a shorter duration of stay, she must apply for extension or leave the US before that date.

[txh1b]

Some officers do not keep up to date with the rules. In the event that the I-94 is issued for a shorter duration, as soon as you land, go to the CBP office at the airport and they can change the date based on I-94. Happened to me in the past and have gotten it changed after landing as I did not want to miss the flight in Canada talking about it with the CBP officer during preboarding inspection.

Other option is to file for an extension and reduce your bank balance by another $300.