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We had to travel to India a couple of days back due to a family emergency. My spouse is on H4 till September 30th and she has a valid H1B petition approved and the status will change to H1B on October 1st. We are planning to travel back to US on Sep 27th or 28th. We dont have the approved H1B petition yet with us, since we could not receive it from the employer before we travelled to India. On reentry to US, she will enter on H4 but will have only very few days (3 days) left on her H4 visa validity based on our existing H4 petition in hand. (Expiring exactly on September 30th). Will this cause any problem at the port of entry? Does she have to show any additional documents related to her upcoming H1B?
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When you dont have the approval petition in hand how are you so sure that its approved and has a valid I-94 with it?Originally posted by h1btraveller2013 View Post
Also, your spouse technically needs the H1 approval and associated I-94 to start working only from 01-Oct-2014, not at the POE. At the POE her valid H4 and your valid h1 documentation should be enough
This is my opinion not legal advice. -
Employer has told us so, that they have it. We had the number and can see that it is approved online. The employer was sending it to us and we had to travel and he had to change plans. So even though she has only two or three days on her H4 you dont think it would be a problem to enter US right?Originally posted by raghvi View PostComment
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I dont think so, worst case she would get I-94 only till H4 expiry. If employer has received it ask them to send at least a scanned copy of the same, to be on the safe side.
This is my opinion not legal advice.Comment
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