Complex: H4 stamped but H1 extension and H4 applied seperately

[Vizablues]

Hi Experts,

 

Here's my situation. I am on H1B which is stamped till 30th Sep 2015. I got married recently. My wife got her H4 stamping till 30th Sep 2015 too. I am back in the U.S and my wife will come to the U.S in August first week due to personal reasons.

 

I want to apply for an H1 extension asap as I work for a consulting firm and my current client provides client letter so it would be smooth. I do not want to wait until August as the project might get over and it would be difficult to apply for H1 while on bench as my company does not have any internal projects.

 

I am planning to apply for my H1 extension now in premium processing and let's say it gets approved till Sep 2017. In short, my new I797 gets approved while my wife is still in India. I have a few questions here

 

i) When my wife enters the U.S in August, will her I94 be valid till my Sep 2015 (my old I797) or Sep 2017 (new I797). Not sure if my I797 matters at the port of entry for H4 spouses?

 

ii) If she gets her I94 till Sep 2015 then can she apply for extension based on my new 797? Will it be an issue as H1 and H4 are being applied seperately?

 

iii) If she gets I94 till Sep 2017 then she need not apply for an extnesion after she comes to the U.S. Please correct me if I am wrong.

 

Please help. Thank you.

[jairichi]

1. Your spouse has to show both I797s at POE.

2. Yes. No issue at all.

3. Yes, that is correct.

[Vizablues]

Thanks Jai. Does she need a carry the original I797 or a copy would suffice?

[jairichi]

Thanks Jai. Does she need a carry the original I797 or a copy would suffice?

Copy. Original is for you or employer.