h4 issue


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my wife has her h4 valid till my curent work permit expires in May 2012. She is currently in india only.my employer has applied for my H1 extension

my wife is planning to join me in Feb 2012. Assuming my approval of h1b extension will happen sometime in May 2012, can my wife travel with her current H4 that is based on my I-94 and I797.

is it that since my extension is under progress, she cannot come to USA until the extension get approved.

someone let me know the rules.



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She can certainly come any time before the H1 petition expires. Her I-94 will be according to that. So before the I-94 expires she will have to file extension to extend it. If she uses the already extended H1 petition to enter the US (if approved at that time), her I-94 will be according to the new petition and no extension will be necessary.

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