Travel to US on H4 when Husbands 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 

[jairichi]

1. Yes. You need a copy of his current I797 and might also his extension receipt notice.

2. No need for stamping if you are traveling before visa expiry. You will need a copy of your spouse's I797.

[pontevecchio]

1.Yes. But unless the H1 extension is already approved you will get the I94 dated till 15th October and you will need to file a H4 status extension once you come over based on his pending H1 extension.

 

2. Then you can either enter with the old visa and the extension H1 petition approval or choose to get a new visa.

[reva162]

Thanks, this was helpful  :)