h4 dependent on h1 extn


neeta9

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Spouse: FTE and on H1B, I-797 and visa stamping valid till 20 april 14. His employer is filing for H1 B Extension this week.

I'm visiting home country (vacation) and moved from H1 to H4 and got my H4 stamped in this trip valid till 20 april 14 obviously.

 

Case1: If I travel back to USA before 20 April 14, since I have valid H4 visa stamped, will I have any problems at the Port of Entry. Since my spouse's h1 extension might be under processing at that time. But since I already have a valid visa it should not matter. Please clarify.

 

Case2: Can I just not carry his existing I-797 document valid till 20 April 14 and show that at the POE?

 

Case 3: Is it mandatory to wait for his new 797 and carry that for me to enter USA. In that case what is the current H1B extension processing time?

 

Case4: Can just the receipt notice be sufficient to show at the POE rather than wait for his approval if getting back before 20 April?

 

Case4: Can his employer file for my extension as well while I'm out of US? Or do I need to wait till he gets his approval and then only apply for my visa extension via dropbox in home country or apply for extension once I get back to US.

 

Please let me know the best case scenario as I will be traveling with a baby.

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I will be showing my spouse's old H1 approved petition at the POE if I travel before April, 20. But at the time of my Port of Entry his H1 will be under processing for extension, so I will not have the new approved 797. So it is OK for me to travel with his existing (then old 797) even if his extension is under processing. This is very important as I will plan my return travel date accordingly. Thanks in advance.

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I will be showing my spouse's old H1 approved petition at the POE if I travel before April, 20. But at the time of my Port of Entry his H1 will be under processing for extension, so I will not have the new approved 797. So it is OK for me to travel with his existing (then old 797) even if his extension is under processing. This is very important as I will plan my return travel date accordingly. Thanks in advance.

As pontevecchio had mentioned you can travel before April 20th 2014 with a copy of current (old) approved I797 but your I94 expiry date will be 20th April 2014. To stay in US beyond that time you would have to apply for extension before I94 expiry.

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