Dependent travel while my H1 is being extended

[dineshchandrapatil]

Hi All,

 

My H1B is valid till 13th Jan 2014. My company will file my extension 2 months before i.e. somewhere around 13th Nov 2013. My wife's H4 is valid till 13th Jan 2014. She is in India and I have booked a ticket for her to come to US for 2nd December 2013. Now my question is can she travel while my company has filed my extension.

 

Will there be any issues at the Port of entry saying that the H1 of your spouse is being extended. Please help me out on this. Thanks!

[jairichi]

Yes, she can travel to US. But, I believe her I94 will be marked till the date of expiry of your old petition. She could carry with her a copy of your COS receipt notice.

[dineshchandrapatil]

Thanks Jai. One more question is what if my extension is approved by the time she reaches here. I think she should not have any issues because her visa is approved till Jan13th  based on my previous work permit. Is it true? So ideally she should not have any issues travelling to US and being here till Jan13th right? Thanks a lot for your response

[jairichi]

You are welcome Dinesh. If your extension is approved before that then you have to send her a copy of your new I797 to show at POE on her arrival and based on that she would be issued an I94. Yes, you are correct. With her current visa she can enter US till Jan 13th as long as you stay in US on a H1B.

[pontevecchio]

If she arrives before the H1 extension approval then make sure to file her H4 status  extension after she arrives based on your pending H1 extension.

[dineshchandrapatil]

Hi Ponte,

 

She will be back to India on Jan10th. She will saty just for 40 days. My company is saying that they file H4 extension 2 months before and also the dependent should be with me. But she will be here on Dec2nd will go back on Jan10th. Now what I was thinikg was to first get my extension approved and then file her a new H4. Please tell me if you see any issue with my planning. Also please let me know what will happen if my extension is pending and she has to go back to India.

 

Thanks a lot for your response :)

 

Dinesh.

[dineshchandrapatil]

Hi Pontevecchio,

 

Thanks for your response. Can you please let me know if it is mandatory to apply for extension even though she will be leaving for India on Jan12. I was thinking of applying for a new H4 once my extension is approved. She will be in the US only till Jan12th. So will that be fine if I apply for a new H4?

 

Thanks,

DInesh

[pontevecchio]

The way this works is she leaves on or before January,12 and then when she comes back she comes back with a valid H4 visa and your latest H1 approval which the company is applying for soon.. For her current visit the current H1 petition for you and the H4 visa is required.