Problems on coming back to US while waiting for my husband's PERM approval

[pree]

Hi all,

My husband has filed for PERM approval and is waiting for the priority date. We have a year to stay in the US i.e. in the month of Jan 2016 we need to leave, his 6 years h1b period is over and stay has been extended while waiting for the same. He tells me by July 2015 he will get his visa extended for three more years and until then I need to stay here to avoid unnecessary issues of getting stamped or being held back in India when going for stamping. I am on h4 visa and I want to go to India for few months. Will I be held back in India even though my visa expires somewhere in the month of Jan 2016? Am I being lied to? What are the paper works that he needs to provide me with if I plan to go now?

Miss family. Worried about being held back in India.
Please Clarify.

Thanks in Advance.

[raghvi]

Hi all,

My husband has filed for PERM approval and is waiting for the priority date. We have a year to stay in the US i.e. in the month of Jan 2016 we need to leave, his 6 years h1b period is over and stay has been extended while waiting for the same. He tells me by July 2015 he will get his visa extended for three more years and until then I need to stay here to avoid unnecessary issues of getting stamped or being held back in India when going for stamping. I am on h4 visa and I want to go to India for few months. Will I be held back in India even though my visa expires somewhere in the month of Jan 2016? Am I being lied to? What are the paper works that he needs to provide me with if I plan to go now?

Miss family. Worried about being held back in India.
Please Clarify.

Thanks in Advance.

Do you have reason to believe that you are being lied to by your spouse? Do you have a valid H4 visa stamped in passport?

I believe you would need to go for H1 stamping, and you need to take the latest I129 receipt/ approved I797, as well as his passport copy, marriage certificate. For a more comprehensive list read : https://www.immihelp.com/h4-visa-stamping-documents/

This is my opinion not legal advice.

[pree]

I don't know if I am being lied to but I don't understand why he tells me I can't go right now. I do have valid h4 visa. He threatens me saying he will not provide me with the required docs if I go to India right now. A year ago he was terminated and had to find another job which he did, his current company is the one that has initiated the Green Card process, does he need to reach out to his ex-company for any paper work?

[raghvi]

I fail to understand why you would need to go for Visa stamping when you already have a valid visa in the passport.

This is my opinion not legal advice.