H4 Travel to US while H1B is in extension process

[reva162]

Hello, 

 

My husband is in US on H1B -  valid till 15 Oct 2014, and I have H4 valid till same date.  I am working in India at present and cannot travel to US before 20 Sep 2014 due to job.

 

My questions are - 

 

1. IF my husband apply for his H1B extension from US, can I travel to US on old visa(valid till 15 Oct 2014) ?

 

2. What if his extension gets approved before I travel?, do I need to go for re-stamping on his new approval ?

 

 

Will appreciate your help on this.

 

Thanks 

[Kal.911]

Two options in the order of preference:

 

1) Your husband applies for H1B Extension in premium. You can go to H4 Visa stamping based on primary's I-797. Travel to USA with Visa stamping for the next 3 years.

 

2) Your husband applies for H1B Extension in premium. You can travel on September 20 with your old visa stamping and latest I-797 of your husband.

 

3) Your husband applies for H1B Extension in regular. You can go to H4 Visa stamping based on primary's I-797 whenever it gets approved. Expect some delay in processing by USCIS. Travel to USA with Visa stamping for the next 3 years.

[rahul412]

 

My questions are - 

 

1. IF my husband apply for his H1B extension from US, can I travel to US on old visa(valid till 15 Oct 2014) ?

 

2. What if his extension gets approved before I travel?, do I need to go for re-stamping on his new approval ?

 

1. Yes, you can if your travel date is before 15th Oct

2. No need, if your current visa is still valid at that time.