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H4 issues:please help- VERY URGENT

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  • H4 issues:please help- VERY URGENT

    Dear Members,
    My husband has applied for his H1B transfer with a new employer.He is yet to receive his I-797.He will receive receipt notice for the transfer in May 1st week.I am on H4 and my visa is valid till Sep 2007 under his previous employer.He will get his I-797 at around August 2007. Can I re enter US by showing my existing visa & receipt notice for the transfer of his H1B? or do I need to wait in India for his I-797 to come. As I said my validity of H4 is upto Sep 2007.

    I would really appreciate any help on this.
    Thank you.

  • #2
    H4 issues

    My husband has applied for his H1B transfer with a new employer.He is yet to receive his I-797.He will receive receipt notice for the transfer in May 1st week.I am on H4 and my visa is valid till Sep 2007 under his previous employer.He will get his I-797 at around August 2007. Can I re enter US by showing my existing visa & receipt notice for the transfer of his H1B? or do I need to wait in India for his I-797 to come. As I said my validity of H4 is upto Sep 2007.

    ---- If your H4 is valid till Sept. 2007 you can enter US in Aug. 2007. However, the I-94 issued to you at the POE will be valid till Sept. 2007. In this case you have to apply for the extesion of your H4 using form I-539

    ---- If you can wait for the H1 approval notice (I-797) of your Husband and return with that in hand to the US, then your I-94 will be issued till the validity date on the new H1. In this case you need not apply for an extension of your H4

    Subramanya

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    • #3
      H4 issues-please help_very urgent

      Thanx for your reply,

      I've another query :

      1.I want to come back to US in June 2007.If at that time I don't have
      I-797 of my husband's new H1B,and the previous employer of my husband has already applied for the cancellation of his old H1B(for which I've my H4,and on which H4 I want to re enter US) then what are the documents needed in POE?And what are the pros and cons of this issue?

      2.If I want to go to India in May 2007,then is it necessary for me to come back US within 1mnth in this situation ,so that before the cancellation of previous H1B(along with my H4),I can re enter US?

      Thanx,
      SBM

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