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How many days prior to H4 expiry should a dependent travel

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  • How many days prior to H4 expiry should a dependent travel

    Please help me with my situation - My H1B is due expiry on May 27th 2018. I will be getting married this November but my wife can't travel before May 2018. My H1B extension should be filed by the end of 2017. If my wife's H4 has been stamped by November 2017 and my H1B extension is still in process as of May 2018, then can my wife travel to US with her stamped H4? Is there any restriction on number of days remaining on Visa for a dependent to be able to enter United States? Please note that I will be applying for my H1B extension as well as my wife's H4 extension by the end of this year and when she travels in May 2017, her H4 might still be in the process of extension. Please help me with this.

  • #2
    Originally posted by himanshu7154 View Post
    Please help me with my situation - My H1B is due expiry on May 27th 2018. I will be getting married this November but my wife can't travel before May 2018. My H1B extension should be filed by the end of 2017. If my wife's H4 has been stamped by November 2017 and my H1B extension is still in process as of May 2018, then can my wife travel to US with her stamped H4? Is there any restriction on number of days remaining on Visa for a dependent to be able to enter United States? Please note that I will be applying for my H1B extension as well as my wife's H4 extension by the end of this year and when she travels in May 2017, her H4 might still be in the process of extension. Please help me with this.
    Firstly, when your spouse files H4 in Nov 2017, she may not get H4 as your H1 expiry is within 6 Months, even if she does get H4, it will be valid only till May 2018. Secondly, if she does get an H4 till May 27 , 2018 and travels using that H4 , she will get I94 only till May 2018. Lastly, you cannot apply for H4 extension while H4 is out of US.

    This is my opinion not legal advice.

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    • #3
      How many days prior to H4 expiry should a dependent travel

      Originally posted by raghvi View Post
      Firstly, when your spouse files H4 in Nov 2017, she may not get H4 as your H1 expiry is within 6 Months, even if she does get H4, it will be valid only till May 2018. Secondly, if she does get an H4 till May 27 , 2018 and travels using that H4 , she will get I94 only till May 2018. Lastly, you cannot apply for H4 extension while H4 is out of US.

      This is my opinion not legal advice.
      Thanks for responding. I will most likely be going for court marriage in September and will file for her H4 with the marriage certificate in September itself. With that, I assume that her H4 filing should not be an issue. Will she be able to travel in May 2018 with her stamped H4? I will get her extension filed within a week of her entering US.

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      • #4
        Originally posted by himanshu7154 View Post
        Thanks for responding. I will most likely be going for court marriage in September and will file for her H4 with the marriage certificate in September itself. With that, I assume that her H4 filing should not be an issue. Will she be able to travel in May 2018 with her stamped H4? I will get her extension filed within a week of her entering US.
        Yes, this should be doable.

        This is my opinion not legal advice.

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