Travel on H4 before visa expiry

[kas84]

My wife and son who are on H-4 are planning to travel back to India for a visit next year in January. The visa stamp on their passports are valid until March 25th 2014 and they would be returning back on March 10th 2014. They do have an approved petition for extension of stay until March 2017 and they will be carrying it along. Would they have any issues at the port of entry as they would have their visa stamp valid for just 15 days (March 10th to March 25th 2014)? Can you please let me know? 

 

- The new I-94 that would be issued to them on their return back would ideally be given for the validity of extension petition i.e. Mar 2017, is that correct? 

 

- What should we do if unfortunately for some reason the new I-94 issued to them on their return is issued for a lesser time say, until the validity of current visa stamp i.e. Mar 25th 2014 and not until the approval notice validity? 

 

- Should they be carrying my original approval notice I-797 too or just their approved extension notice is fine? 

 

Thanks for your help.

[jairichi]

 

My wife and son who are on H-4 are planning to travel back to India for a visit next year in January. The visa stamp on their passports are valid until March 25th 2014 and they would be returning back on March 10th 2014. They do have an approved petition for extension of stay until March 2017 and they will be carrying it along. Would they have any issues at the port of entry as they would have their visa stamp valid for just 15 days (March 10th to March 25th 2014)? Can you please let me know? 

 

- The new I-94 that would be issued to them on their return back would ideally be given for the validity of extension petition i.e. Mar 2017, is that correct? 

 

- What should we do if unfortunately for some reason the new I-94 issued to them on their return is issued for a lesser time say, until the validity of current visa stamp i.e. Mar 25th 2014 and not until the approval notice validity? 

 

- Should they be carrying my original approval notice I-797 too or just their approved extension notice is fine? 

 

Thanks for your help.

 

No issues.

1. Yes, their I94 will be till March 2017.

2. You could file for an extension or they can cross border and enter to get new I94.

3. Copy of your I797 and their original I797.

[pontevecchio]

They need your H1 approval documents to come back and nothing related to their H4 status here. The extension of H4 stay is immaterial.