Travel to US on previous visitor visa when H4 expired?


amarsat

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Hello everyone,

 

Scenario:

I am working with the same company since 10 years, this is my fourth H1b extension and I received an Rfe, my Rfe response is currently under process, my H1b extension is not approved yet.

I have a daughter who in born in the US in feb 2018, my daughter is a US citizen. My daughter is sick with various allergic reactions the minute she entered India, also my daughters vacciness will be due soon. We are planning on bringing the baby to US as soon as we can as she is repeatedly falling ill with eczema and other allergic reactions in India, her allergic reactions are only becoming worse day by day. Following are the questions I have:

 

Questions:

My wife is having a previous US visitor visa b1/b2 that she got in 2013 and it is valid until 2023. My wife got her H4 visa in 2015, her current H4 visa is expired on Oct 1st 2018. My wife checked that her visitor visa is not cancelled in her passport.

In general, when a person gets a H4 visa when they already have a visitor visa, is their visitor visa cancelled automatically?

Can she and the baby travel to USA on her visitor visa that she previously had?

If so, can they travel to my location directly and give my address as the visiting address at the port of entry since my H1b is in process still?

If they are asked to show my H1b documentation at the port of entry?, can she show my current extension receipt notice?

 

please let me know of your comments and answers.

 

Thank you

 

 

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You are in tricky situation and it is not entirely your fault.

It is customary to cancel your previous visa when you change status to different category of visa. USCIS post "Cancelled" stand on any previous visas especially when they are different. It was on their missed account that they did not do it. However, you should consider that it was cancelled. You should have asked USCIS to cancel that when she received  H4 visa. It is entirely possible that and likely that her visitor visa has got cancelled but they missed to put stamp on it. And, it is not unsafe to assume that it is cancelled. Furthermore, if she do not check the validity of visitor visa and try to travel, she will be allowed to board on plane. This is because at airport, all they see id a valid visa stamp on passport, which she has. Now when she reaches USA, CBP officer not only sees visa, but also check validity and that's where the problem can arise. The risk is your wife may be asked to leave USA without baby, as baby is US citizen. There may be some additional rules but your wife has to follow what officer say in a matter of minutes at airport.

Basically, you just have to assume that there is only one active visa she is holding.

To answer your second question, there is probably not going to be any mention of your extension receipt as she would want to use visitor visa. 

In the long term, I assume that you and wife are willing to apply for Green card. For that, it is very important to maintain record of each entry to US with valid status. Even if somehow she is allowed to enter on visitor visa, problem is not ended. This issue will likely arise again, and you guys may face unknown risk for future.

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