how early can i enter USA before visa expiry?

[khushin_18]

Hello,
My husband's h1 visa so as my h4 visa is going to expire in first week of July 2012.
His company is going to apply for H1b extension in May 2012.I am planning to go to India in March 2012.
So when we apply for visa extension i will be in India. So my question is how early i have to return to USA? or can i stay there after 1st week of July and return after some days after getting extension?

Thanks in advance.

[kabkaba]

You will have to apply for Visa at a US Consulate/Embassy after the petition is extended in order to return after the current Visa expires. There is no rule about how soon you have to travel.

[shervin143]

You are not suppose to leave the country when an extension is pending. Once you are outside U.S, extension of status cannot be filed. If you have to leave U.S, then your spouse should file only the H1B extension. Once the H1B extension gets approved, you can return back to U.S on a valid H4 visa and the newly approved H1B approval notice. You will be getting an I-94 matching the H1B approval notice's expiry date. If you don't have a valid H4 visa as of the date of your return, then you need to get a new H4 stamped based on the extended H1B approval notice.

[khushin_18]

suppose my visa is expiring on 15th of july ,can i enter USA on 10th of June without stamping?or do i have to wait to get my h4 approval and do the stamping and enter USA?

[shervin143]

suppose my visa is expiring on 15th of july ,can i enter USA on 10th of June without stamping?
>>> You can re-enter as long as your H4 visa and your spouse's H1B approval notice are valid.

or do i have to wait to get my h4 approval and do the stamping and enter USA?
>>> Did you read the previous replies? H4 approval is not required to get the visa stamped. H1B approval notice is what is required to get the H4 visa stamped. If you apply for H4 extension and leave the country before a decision is made, the extension will be denied.