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Applying for H4 Visa with 1 month valid I979

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  • Applying for H4 Visa with 1 month valid I979

    I need advise for my H1B visa case with the situations described below.

    Background:
    Since June 27, 2015 I am in USA and have valid H1B visa/petition/I94 until Feb 16, 2016 . Before travelling to USA, on June 23, 2015 my petition amendment case was filed with USCIS in regular category which is still pending (118 days till today). I have also applied for H1B extension which is submitted on september 1, 2015 in regular category . My employer says extension can't be done in premium till amendment is not adjudicated


    Marriage Plan in India:
    I am going to India on Dec 10th, 2015 for my marriage and planning to come back to USA on Jan 16, 2016 along with my spouse.

    Important Dates:
    Entry Date in USA: June 27, 2015
    H1B Petition/Visa/I94 Validity: Till Feb 16, 2016
    Travel Date to India: Dec 10, 2015
    Return date to USA: Jan 16, 2016


    Recommendation required on below points:

    1. Can my spouse appeared for visa interview somewhere in Dec15 or Jan16 with the old petition which will be expiring on Feb 16, 2016?

    2. If approval not received for extension before i will leave USA, will it effect my extension adjudication in USCIS as i will not be in USA while the extension is filled?

    3. Will there be any issue in re-entry to USA for me with the above visa validity details in case petition for extension is not approved by then.

    4. What will be the safe timeline to wait for the USCIS adjudication in both cases (amendment and extension) before moving it to premium category to avoid any unwanted situation.

    5. Is there any other issues you can see from your point of view in the given situation which got skipped from me in above points.

  • #2
    1. Can my spouse appeared for visa interview somewhere in Dec15 or Jan16 with the old petition which will be expiring on Feb 16, 2016?
    >>> Yes. She will get her visa only till your current petition expiry date.

    2. If approval not received for extension before i will leave USA, will it effect my extension adjudication in USCIS as i will not be in USA while the extension is filled?
    >>> You are not supposed to leave the when the extension is pending. If you leave, the EOS will be denied.

    3. Will there be any issue in re-entry to USA for me with the above visa validity details in case petition for extension is not approved by then.
    >>> No issues as long as the visa and the petition are valid. You will have very less time to file the extension when you return.

    4. What will be the safe timeline to wait for the USCIS adjudication in both cases (amendment and extension) before moving it to premium category to avoid any unwanted situation.
    >>> Extension can be filed in premium. Amendment is for the current period and extension is for the future. I do not think there will be an issue if you file it in premium.

    5. Is there any other issues you can see from your point of view in the given situation which got skipped from me in above points.
    >>> Nope. Either travel after getting the extension or return back and then file the extension. If you leave when the extension is filed, then return back only after receiving the approval.
    Not a legal advice. Use of this information is strictly at your own risk.

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