I am in a complex scenario and request your advise on the same.
I am in US and my family is in India. All of us have a valid visa stamping till 01/06/2013 which is when my 6th year of H-1Bexpires.
My family is coming back to US on 09/07/2012. All of us are again leaving US on 11/30/2012 and re-entering on 01/04/2013, which is just two days before the visa expiry date of 01/06/2013.
I am eligible to file a 7th year extension based on the 365 day PERM rule.
Below are the questions:
1. Can I file an extension for my dependents before 09/07/2012 while they are in India. Note that they still have a H4 visa valid till 01/06/2013.
2. If I file an extension after 09/07/2012 and the extension is still pending while I re-enter US on 01/04/2013, my I94 will be issued just for two days ending 01/06/2013. However, my stay in US will be legal even after 01/06/2013 till a decision is taken on my application. Is this correct.
3. Lets say I file an extension after 09/07/2012 and the extension is approved before my re-entry into US. Also, the attorney couriered me the approval notice and I am carrying it with me during my re-entry.
3a. Will I get a I94 expiring 01/06/2013 or expiring 01/06/2014 (expiry date on approval notice).
3b. I have heard the validity start date on the petition plays a crucial role. If the validity start date is 01/07/2013, will my stay in US be legal since I have an approved petition or will the 01/06/2013 I-94 supercede the 01/06/2014 I-94.
3c. In such a case, do I have to reenter US only on or after 01/07/2013 ?
3d. Does it matter whether or not I do the stamping based on the new approval ?
4. Lets say I file an extension after 09/07/2012 and the extension is approved JUST before my re-entry into US. Thus, at the time of re-entry I am not carrying my new approval, though I have a valid visa till 01/06/2013. I will hence get a I94 expiring 01/06/2013. Will my stay in US be legal since I have an approved petition or will the 01/06/2013 I-94 supercede the 01/06/2014 I-94. In such a case, do I have to reenter US only on or after 01/07/2013 ?
Thanks a lot for your cooperation.