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US Entry on H4 visa stamping expiring soon

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  • US Entry on H4 visa stamping expiring soon

    My Wife has H4 visa stamped on her passport until Oct 23 2015.
    She will come back to US on 19 Oct 2015.
    Her extension is already approved until 31 Dec 2017.
    Will she face any problem while coming back ?

  • #2
    Her extension has no use when she is outside U.S. Upon return, she should show your H1B approval notice and most likely her I-94 will be issued matching your H1B petition expiry date (assuming her passport is valid for more than a year). Some officers tend to issue I-94 only till the visa expiry date. If that happens, then she will be in trouble. If that happens, she can talk to the officers and get an extended I-94 or you will have to file the H4 extension immediately to get an extended I-94.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Originally posted by shervin143 View Post
      Her extension has no use when she is outside U.S. Upon return, she should show your H1B approval notice and most likely her I-94 will be issued matching your H1B petition expiry date (assuming her passport is valid for more than a year). Some officers tend to issue I-94 only till the visa expiry date. If that happens, then she will be in trouble. If that happens, she can talk to the officers and get an extended I-94 or you will have to file the H4 extension immediately to get an extended I-94.
      Thanks. She went to india on 27 sep 2015. Her extension was approved before 27th sep. Does she still need to go for restamping?

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      • #4
        If she needs an extended visa, then she can go for stamping. As long as her visa is valid as of the date of her return, she can use that. Like I said, some officers tend to issue I-94 only till the visa expiry date. If that happens, then just be prepared to file the extension again before that I-94 expires. But in most cases, the I-94 will be issued matching the primary H1B holder's I-797.

        Originally posted by itsamti View Post
        Thanks. She went to india on 27 sep 2015. Her extension was approved before 27th sep. Does she still need to go for restamping?
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          Originally posted by shervin143 View Post
          If she needs an extended visa, then she can go for stamping. As long as her visa is valid as of the date of her return, she can use that. Like I said, some officers tend to issue I-94 only till the visa expiry date. If that happens, then just be prepared to file the extension again before that I-94 expires. But in most cases, the I-94 will be issued matching the primary H1B holder's I-797.

          Thank you. I am going ahead with her visa stamping process.

          Comment


          • #6
            Similar situation

            Hello Guys,

            I have also similar situation.

            I have approved H-4 till Sept 2018.

            going to India on Nov 9th for stamping (eligible for drop box )

            Passport expiring on July 16 2016.

            Will it be issue in stamping?

            or if get stamped then at port of entry if they give i94 till july 2016 then what I need to do after getting new passport.

            appreciate your help.

            Comment

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