H4 Immigration Status Issue

[debabrotobose]

Hi,

Please help to share information(s) with following concerns:

1.
Is there any new rule as per US Immigration law for (H1/H4) that if you have valid stamped VISA on old passport and you also have a new passport, then at POE, your entry may be denied.


2.
My spouse is on H4. Her VISA is valid till 15-Jun-2019 (same as mine). Her I94 admit date was till 12-Dec-2018 (per her old passport expiry date).

I've submitted I539 application, to extend her non immigrant status, received the 'Receipt' but 'Approval' for the application is yet to be received. She also got the new passport now.

Due to an emergency situation at home I need to travel with my family to India. Please advise, if there will be any issue at POE for her.

If anyone has faced such issue then please advise the preventive steps to be taken.



Thanking in advance.


Regards,
Deb

[scientist2016]

Hi,

Please help to share information(s) with following concerns:

1.
Is there any new rule as per US Immigration law for (H1/H4) that if you have valid stamped VISA on old passport and you also have a new passport, then at POE, your entry may be denied.


2.
My spouse is on H4. Her VISA is valid till 15-Jun-2019 (same as mine). Her I94 admit date was till 12-Dec-2018 (per her old passport expiry date).

I've submitted I539 application, to extend her non immigrant status, received the 'Receipt' but 'Approval' for the application is yet to be received. She also got the new passport now.

Due to an emergency situation at home I need to travel with my family to India. Please advise, if there will be any issue at POE for her.

If anyone has faced such issue then please advise the preventive steps to be taken.



Thanking in advance.


Regards,
Deb

1. There is no such rule.
2. Once you leave the country, I94 validity, extension, etc. become moot. Your wife can always try to re-enter provided she has a valid visa (in any of her passports) at that time.