H4 travel to USA while H1 extension petition pending with USCIS

[srinu5026]

 Hi,

 

I am looking for suggestion on H4 travel to USA while H1 extension petition pending with USCIS

 

got H1 (myself) and H4 (family) visas from employer A. I was travelled to USA alone for employer A. I have applied the extension from employer A. My family is in India with with H4 stamping. Currently, I have below queries.

 

 1) Planning to bring my family to USA . Can my family will travel to USA with existing VISA if my new petition is not approved by that time.

 

 2) Can I file separate H4 extension petition while H1-B petition in pending status i.e. my extension petition final decision not came yet by that time? 

 

 3) Suppose, if my extension petition is approved before their travel, does family have to go stamping in India? Is there any possibility they can travel with old VISA stamping with new H1-B petition approval document?

 

Regards,

Srinivasa

[pontevecchio]

1. When does the existing H1 petition I94 expire?

2. H4 is a status extension and cannot be filed for people not in the country.

3. They can travel with a valid H4 visa and your latest H1 approval. H4 visas are not employer relevant.

[jairichi]

1. If the travel date is close to current petition expiry date they can travel only after extension approval.

2. Yes, you can. As I said their travel depends on your I94 expiry date. If travel date is close to that avoid travel till extension approval.

3. If their H4 visa is valid they only need a copy of your extension approval notice to travel.

[srinu5026]

1. When does the existing H1 petition I94 expire?

2. H4 is a status extension and cannot be filed for people not in the country.

3. They can travel with a valid H4 visa and your latest H1 approval. H4 visas are not employer relevant.

 

 

thanks pontevecchio for update.

 

1) I94 still valid another 3 months. Can H4 travel while H1-B extension Petition is in-progress status?

 

2) I want to apply H4 extension after family came to USA. Can I apply separate H4 extension application while H1-B extension application is in progress?

[srinu5026]

Thanks pontevecchio, jairichi for your valuable suggestions.

 

Please provide further guidance on this.

 

1)      I94 valid for 3 more months i.e. Nov, 2014. Can my family travel while H1-B extension petition is pending/in-progress with USCIS?

 

2)      I want apply the H4 extension once my family (H4) are in USA. I want to bring them to USA and apply H4 extension here since H1-B extension will take some time instead of waiting in India until H1-B extension approval. Can I apply separate H4 extension while my H1-B extension petition is pending/in-progress with USCIS?

 

Regards,

Srinivasa

[jairichi]

1. Yes, you can bring them now on H4 visa.

2. Yes, you can file form I539 and enclose supporting documents and fee.

[pontevecchio]

1. Yes. As long as they come before the current petition expires.

 

2. Once they arrive file their H4 extensions based on your pending H1 extension.

[srinu5026]

Thanks pontevecchio, jairichi for your valuable guidance and suggestions. I appreciate your effort.

[koganti.jk]

Hi Srini,

 

Was your family able to come to USA without any issues at the port on entry? I am in same situation and want to see if there are an risks bringing them while my H1B extension is in progress. Please let me know. Otherwise request you to drop me your contact so that I can talk in detail.

 

Please respond.

 

Regards,

Jagadeesh