H4 travel to India and return before visa expiration

[kapildevs]

Dear members,

I have a few concerns on my wife's trip to India next month and I would like to seek Legal advice from you on this. Please take a closer look at my case explained below.

My Visa Status : H1B

My Visa Expiration : April 26th, 2013 (Extension going to be filed next week in Premium Processing using the approved I-140)

I-94 validity : April 26th, 2013

Wife's Visa Status : H4

Wife's Visa Expiration : Same as mine and H4 extension to be filed next week along with my case.

I-94 validity : Same as mine (April 26th, 2013)

She is planning to make a trip to India by the end of February and return to US before her Visa expires. The tentative itinerary is 02/27/2013 - 03/31/2013. The return date is approx 26 days before the visa expiration. I understand that she can return to US anytime before the visa expiration and that is why we have an expiration date printed on the visa, but I just wanted to be aware of the necessary cautions. I would appreciate answers to my following concerns.

A) I planned this trip for her, so that she does not have to appear for visa stamping at the consulate. Do you see any issues that she might face at the Port of Entry on the return?

B) Since, I am filing my H1 Extension in premium processing, I am expecting to receive my approved 797 document before she prepares the return journey. So, I think I can post/email the original or scanned copy, whichever is legally necessary, to her so that she can produce it before the Port of Entry officer and get the new I94 based on the date on the approval notice instead of the visa expiration date which is April 26th, 2013.

C) What happens if the POE officer gives her the new I-94 based on the visa expiration date instead of the one on the approval notice? Do we have to file the I-539 (Extension of Status) again? Or the I-94 date on the approval notice overrides the I-94 date issued by the visa officer on the passport?

Please also let me know the documents that she needs to carry on the return journey to the US.

Thanks so much