H1-B, H4 extension while H4 is outside USA


gadeepu

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Hello,

Here is my situation:

Current Visa on both H1-B and my Spouse's H4 valid until Dec 05, 2014
My company will be applying for 3 years of extension. But my wife is travelling to India on June 5th, 2014 and returning on Sep 5th 2014 (before the current visa expires). 
Due to 180 days rule, H4 extension can be applied only on or after June 5th, 2014.

Isn't there any other option apart from

1> Changing her travel dates

2> Applying her H4 separately after her return. Will there be any issues with the separate filing?

I will also be travelling to India in August 05th and returning on Sep 5th. Hope that will not be a problem.

Kindly guide me with your expertise.

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Hello,

Here is my situation:

Current Visa on both H1-B and my Spouse's H4 valid until Dec 05, 2014

My company will be applying for 3 years of extension. But my wife is travelling to India on June 5th, 2014 and returning on Sep 5th 2014 (before the current visa expires). 

Due to 180 days rule, H4 extension can be applied only on or after June 5th, 2014.

Isn't there any other option apart from

1> Changing her travel dates

2> Applying her H4 separately after her return. Will there be any issues with the separate filing?

I will also be travelling to India in August 05th and returning on Sep 5th. Hope that will not be a problem.

Kindly guide me with your expertise.

She just needs to enter US with a valid H4 visa and a copy of your I797 (if extension approved). Alternatively, she can enter US on valid H4 visa and later she can file for H4 extension.

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