** Can H4 travel to US before VISA expiry date while H1B extension is applied..?? **

[deep_USA]

Hi,

My H1-B work permit is valid till 6-Jan-2011 and my employer is filing VISA extension for me by Dec 2010. Meanwhile, my wife is planning to come from India on H-4. She has the H-4 VISA stampped and valid till the same 6-Jan-2011.

1. By what max date she can enter US while my VISA extension request would be with USCIS..??

2. Can she come to US anytime before 6-JAN-2011..?? OR, she has to wait till my Extension request is approved by USCIS so that she can restamp the H-4 VISA based on my work permit extension..??

3. Is there a constraint that, she should come to USA only before certain days (45days or 3weeks) of her H-4 VISA expiry date..??

4. Will she face any issue in US Port of Entry, if she comes just before a week of the H-4 VISA expiry date..(while my H1-B VISA extension is applied with USCIS)..??

5. What docs she should carry with her while entering into USA..(while my H1-B VISA extension is applied with USCIS)??

Really appreciate your suggestion...

[shervin143]

My H1-B work permit is valid till 6-Jan-2011 and my employer is filing VISA extension for me by Dec 2010. Meanwhile, my wife is planning to come from India on H-4. She has the H-4 VISA stampped and valid till the same 6-Jan-2011.
>>> I am not sure why you have to wait until the last minute to file the extension. Extension can be filed 6 months in advance. USCIS ask that you file the extension at least 3-4 months in advance. In case if the extension gets denied, your stay past the I-94 expiry date will be considered illegal.

1. By what max date she can enter US while my VISA extension request would be with USCIS..??
>>> She can enter as long as the H4 visa is valid.

2. Can she come to US anytime before 6-JAN-2011..?? OR, she has to wait till my Extension request is approved by USCIS so that she can restamp the H-4 VISA based on my work permit extension..??
>>> She can travel anytime before the visa expires. However, her I-94 will be given only till the visa expiry date. So there is no point in entering a couple of days prior to the visa expiry date to get an I-94 that will allow her to stay only for few days.

It is advisable that she waits till you get your extension and then travel with a valid H4 visa and a copy of the extended I-797 of the primary application, which will get her an I-94 same as your extended I-94.

3. Is there a constraint that, she should come to USA only before certain days (45days or 3weeks) of her H-4 VISA expiry date..??
>>> No such thing. Read the above answer.

4. Will she face any issue in US Port of Entry, if she comes just before a week of the H-4 VISA expiry date..(while my H1-B VISA extension is applied with USCIS)..??
>>> No. Read the above answers to learn why it is not advisable to travel just a week before her visa expiry. You will not have enough time to file her H4 extension.

5. What docs she should carry with her while entering into USA..(while my H1-B VISA extension is applied with USCIS)??
>>> Valid passport, valid visa, a copy of your I-797, marriage certificate, 2-3 recent payslips of the primary H1B holder, address where she will be stay in U.S.

[nakdkn]

help

did your h4 dependent returned to usa just before H4 visa expiration without any problem at port of entry

[shandeshkumar17]

did your h4 dependent returned to usa just before H4 visa expiration without any problem at port of entry

Hi, I am facing similar situation where my spouse has to return to US with 2 weeks Visa period pending and H1 & H4 petition is in progress. Can you tell me if your H4 dependent returned US without any issues...