H4 Query

[ThePoster]

Hello Fellas & Experts.

Here is my situation.

COMPANY A: Joined in May 2011
I applied for my H1 (797)& my Wife's H4 (539) extension in May 2011. My H1 was approved sometime in July but my wife's H4 is still under Initial Review.

COMPANY B: Joined in Nov 2010
Earlier, I had changed my job in Nov 2010 and got H1 & H4 Extension approved. I have both the petitions which are valid till Nov 2013.

Original I94 expired in July 2011

Given the above scenario.
1) Can my wife travel to India if her current 539 is still under Initial Review but the earlier I539 is valid till Nov 2013? Would the earlier I539 be considered as valid at all? I dont think so but just checking

2) Any chances that H4 getting rejected after H1 approval. Again I think very remote chance, but seeking expert advice.


Not sure what the Vermont Office people are doing with it. I called them up and as per the IVR the case is still under initial review.

Thanks in advance.

Have a Great Day!!!

[kabkaba]

Gather all the I-94's that your wife has, one obtained at the last port of entry and the one obtained with company B's petition. Are both the numbers same? Is the latest issued one expiring in 2013?
If the numbers are the same, your wife can simply withdraw the I-539 filed with A's petition and leave the US. She will have to submit all the I-94's to the airline when she leaves. When she returns, she can show your latest approval notice (for A) and her valid H4 Visa to enter. Her I-94 will then be according to your latest I-94.
If the I-94 numbers are not the same, there could be problems and she should wait for receiving I-539 approval.

[ThePoster]

Thanks Friend

Thanks Friend for the prompt answer.

Not sure if I understood correctly so trying to tear your suggestion apart:

Your suggestions are in Italics and my comments are Normal.


Gather all the I-94's that your wife has, one obtained at the last port of entry and the one obtained with company B's petition. Are both the numbers same? Is the latest issued one expiring in 2013?



ThePoster: Yes the last issued I539 is expiring in 2013, but then I had to change job again and had to file for a fresh I539 with Company A which is still under Initial Review.

Please advise.

[I]
If the numbers are the same, your wife can simply withdraw the I-539 filed with A's petition and leave the US. She will have to submit all the I-94's to the airline when she leaves. When she returns, she can show your latest approval notice (for A) and her valid H4 Visa to enter. Her I-94 will then be according to your latest I-94.
If the I-94 numbers are not the same, there could be problems and she should wait for receiving I-539 approval.

The Poster: If she withdraws the I-539 filed with A's petetion, how will it get approved and how will she get the H4 visa? Do you mean to say that just by my Approval Notice she will be able to come back? Dont I need to get my Visa stamped in India since the Visa Stamped on my Passport is expired in July 2011? So is the case with her, wont she need to get her visa stamped?

Please advise.

[shervin143]

First of all, it is not even required to file another I-539 (when the existing one is valid until 2013) just beacuse you changed your employer. H4 has nothing to do with your employer. I-539 to extend the H4 status need to be filed only 6 months prior to the H4 I-94 expiry date. Some employer file both H1B and H4 together so that the expiry date will be the same. Other than that, there is no use in filing I-539 when the existing one has a long way to expiry.

Your visa has nothing to do with your wife's visa stamping or re-entering U.S. Your H1B approval notice is what is important. Visa is just an entry documents and it is specific to the individual.

Like mentioned in the previous reply, gather all the I-94s (The one that was received at the POE and one that cane with the H4 approval notice) and return them all when she leave the country. I-539 can be withdrawn. If your wife already have a valid H4 visa in her passport, then she can return back using that visa and your latest H1B approval notice. By showing your latest H1B approval notice at the POE, she will get an I-94 matching the same expiry date. If she doesn't have a valid H4 visa in her passport, then she will need to get it stamped using your H1B approval notice. Her H4 approval notice or your valid visa is not required to get the H4 stamping.

[ThePoster]

Thanks

Sherwin143,
As always Crisp & Clear Information. Thanks a Ton.

The I-94 on her Passport has expired on 7/31/2011, she is planning to travel in Oct 3rd week or so. I am also planning to travel in Dec 2011 for a wedding. So we are planning to get the Visa stamped while we go there.

Anyway, thanks a lot for your answer.

Much appreciated.

[ThePoster]

I-94 Numbers

BTW,
I checked the I-94s and the #s are all same...

[kabkaba]

In this case she just has to write a letter withdrawing her I-539. Staple all her I-94's together, leave the US, submit I-94's to the airline, obtain H4 Visa using your latest approval notice and return.

[ThePoster]

Thanks K

Thanks K,
I am assuming there is no harm in NOT withdrawing the I-539.