H4 and international travel to India

[charleskorey]

Hi, 

My wife's H4 visa stamp and I-94 expire in Nov 2014. She has plans to go out of country in Feb 2014. She might probably return in May/June 2014. The visa stamp was done on basis of my previous employer's petition. I have got my H1B approved with my current employer but with wrong validity end date (end of 2016). 

Assuming she returns to US before Nov 2014, I believe she use my H1B petition (I-797) and her existing visa stamp at port of entry. My questions are:

1a) Does she need my original I-797 or photocopy would do at POE? 
1b) Can she use my approved I-797 with wrong end validity date or do I have to get the date corrected first? 
1c) Assuming she returns in Oct 2014, will she get I-94 valid until end date of the my I-797 petition or end date of her currently stamped visa? 

1d) If I accompany her to US on the way back with my current visa stamp (Nov 2014) and the approved I-797, will the i-94 be valid until visa expiry or I-797 petition expiry?

 

 

[jairichi]

Hi, 

My wife's H4 visa stamp and I-94 expire in Nov 2014. She has plans to go out of country in Feb 2014. She might probably return in May/June 2014. The visa stamp was done on basis of my previous employer's petition. I have got my H1B approved with my current employer but with wrong validity end date (end of 2016). 

Assuming she returns to US before Nov 2014, I believe she use my H1B petition (I-797) and her existing visa stamp at port of entry. My questions are:

1a) Does she need my original I-797 or photocopy would do at POE? 

1b) Can she use my approved I-797 with wrong end validity date or do I have to get the date corrected first? 

1c) Assuming she returns in Oct 2014, will she get I-94 valid until end date of the my I-797 petition or end date of her currently stamped visa? 

1d) If I accompany her to US on the way back with my current visa stamp (Nov 2014) and the approved I-797, will the i-94 be valid until visa expiry or I-797 petition expiry?

1a. Photocopy.

1b. Should be fine and in mean time get it corrected.

1c. Based on petition date.

1d. Refer 1c.

[charleskorey]

1a. Photocopy.

1b. Should be fine and in mean time get it corrected.

1c. Based on petition date.

1d. Refer 1c.

Thank you jairichi. I asked this same question on **** forum and got the answer for 1c as based on visa end date and he said that my wife has to file for h4 extension (I-539) to get the i-94 based on the petition date. 

[jairichi]

Thank you jairichi. I asked this same question on **** forum and got the answer for 1c as based on visa end date and he said that my wife has to file for h4 extension (I-539) to get the i-94 based on the petition date. 

Both are possible but mostly it is petition validity date as she needs to show a copy of your approved I797 to immigration officer. If otherwise she has to apply for H4 extension.

[smk]

I travelled to US in June2013  on H1B that expired on Jan2, 2014. My spouse joined me in November but travelled back on Jan 2014. My visa extension process started in october 2013 but till last week of december 2013 i did not get any information from my employer if they have filed for extension. Just when i decided to go for premium processing my my pocket i received an email communication that extension has been filed for me and my spouse on 13Dec13 and i have to wait till i get receipt number to upgrade to premium. I waited till Jan mid for the petition receipt but did not receive any. After several emails to the employer s visa team i at last got a message that they never received my petition receipt. I insisted them to give me a reason as to why they did not receive it even after 5 weeks but they simply said sometimes receipts are missed and USCIS does not provide any duplicate receipt. Since i wanted to apply for premium processing i again sent several email for the petition tracking number and they agreed to track the petition number. After they sent the petition number i sent them a cheque to initiate my premium processing. But within three days i got an email from visa team that the petition is approved in regular processing and there is no need for premium processing, They asked my approval to shred the check. I also checked the status of petition on uscis website with the receipt number they had given and found that the petition had been approved on Jan 27 and that an approval notice has been sent to employer. Visa team however is not responding if they got the approval notice. Today i got a mail (post) from USCIS for my spouse extension saying that I539 application for extension of non immigration status was received on Jan 07, 2014 and also the receipt number on this application seems to be different from the that was sent to me by visa team and the status show s In review

 

My questions are:

1. Why is the employer saying they never got my petition filing receipt? Could there by any foul play in this?

2. If they never got the petition filing receipt how were they able to track the receipt number?

3. Is there any way for me the confirm that the receipt number that was sent to me was indeed mine  ? 

4. Why is the receipt number on my spouse different from mine. It was filed on same day according my employer then how can there by two different receipt numbers?

5. My spouse status is still shown as In Review. If i were to believe the number i have is indeed mine and since it has been approved then how come my spouse petition is still in review?

6. My spouse is currently in India. Considering my petition is approved can he get a stamping based on this and travel to us even though his petition is still in review?

 

 

This uncertainiity and unresponsiveness from my employers side is causing so much of stress to us. I would really appreciate answers from your side.

 

Thank you!!

[jairichi]

I travelled to US in June2013  on H1B that expired on Jan2, 2014. My spouse joined me in November but travelled back on Jan 2014. My visa extension process started in october 2013 but till last week of december 2013 i did not get any information from my employer if they have filed for extension. Just when i decided to go for premium processing my my pocket i received an email communication that extension has been filed for me and my spouse on 13Dec13 and i have to wait till i get receipt number to upgrade to premium. I waited till Jan mid for the petition receipt but did not receive any. After several emails to the employer s visa team i at last got a message that they never received my petition receipt. I insisted them to give me a reason as to why they did not receive it even after 5 weeks but they simply said sometimes receipts are missed and USCIS does not provide any duplicate receipt. Since i wanted to apply for premium processing i again sent several email for the petition tracking number and they agreed to track the petition number. After they sent the petition number i sent them a cheque to initiate my premium processing. But within three days i got an email from visa team that the petition is approved in regular processing and there is no need for premium processing, They asked my approval to shred the check. I also checked the status of petition on uscis website with the receipt number they had given and found that the petition had been approved on Jan 27 and that an approval notice has been sent to employer. Visa team however is not responding if they got the approval notice. Today i got a mail (post) from USCIS for my spouse extension saying that I539 application for extension of non immigration status was received on Jan 07, 2014 and also the receipt number on this application seems to be different from the that was sent to me by visa team and the status show s In review

 

My questions are:

1. Why is the employer saying they never got my petition filing receipt? Could there by any foul play in this?

2. If they never got the petition filing receipt how were they able to track the receipt number?

3. Is there any way for me the confirm that the receipt number that was sent to me was indeed mine  ? 

4. Why is the receipt number on my spouse different from mine. It was filed on same day according my employer then how can there by two different receipt numbers?

5. My spouse status is still shown as In Review. If i were to believe the number i have is indeed mine and since it has been approved then how come my spouse petition is still in review?

6. My spouse is currently in India. Considering my petition is approved can he get a stamping based on this and travel to us even though his petition is still in review?

 

 

This uncertainiity and unresponsiveness from my employers side is causing so much of stress to us. I would really appreciate answers from your side.

 

Thank you!!

Get a copy of your I797 approval notice from employer. Send a copy to your spouse and ask him to apply for a H4 visa based on that. Once H4 visa is approved he can travel to US.