Latest day allowed to enter in USA prior to H4 Visa expiry while pregnant

[aniket.yeole]

Dear Immihelp team,

I am on H1B Visa and my visa is due to expire in Nov 2017. My organization has filed H1 extension. My question is regrading my spouse, who has dependent H4 visa due expiring at same time i.e. Nov 2017. She is pregnant and due in Jan. Now, she is in India and has never been to USA before. So, what are the implications regarding her visit to USA.

1. Will she be allowed to enter in USA?
2. Till which month/date she can enter in USA?
3. Can I file her H4 extension based on my USCIS receipt number? (As of now my case is in received status.)

Thank you in advanced.

[raghvi]

Dear Immihelp team,

I am on H1B Visa and my visa is due to expire in Nov 2017. My organization has filed H1 extension. My question is regrading my spouse, who has dependent H4 visa due expiring at same time i.e. Nov 2017. She is pregnant and due in Jan. Now, she is in India and has never been to USA before. So, what are the implications regarding her visit to USA.

1. Will she be allowed to enter in USA?
2. Till which month/date she can enter in USA?
3. Can I file her H4 extension based on my USCIS receipt number? (As of now my case is in received status.)

Thank you in advanced.

1. As long as she has a valid H4 visa, and a valid Doctor's certificate she should be fine to travel (different airlines have different rules regarding the same).
2. From an immigration perspective she can enter till visa is valid and doctor/airline has allowed.
3. You can file extension only if she is in US. In order for her to get extended visa, while outside US, you need to get extension petition approved first.

This is my opinion not legal advice.