H4 extension - urgent - Subramanya - pls help

[amulyavenkat]

Hello Subramanya,

I have seen that u have been answering queries regarding H4 extension. I am also in a similar situation, pls advice.

I am on H4 visa which expires on Sep 30, 2007.My husband has a H1b which expires on April 11, 2009. We dint file for an extension of my H4, since we had travel plans in Dec 2006 and thought I would go for stamping again. But I dint go to India and now I have to go to india in sep first week. My attorney says I need not go for a stamping and i will be issued a new I-94 based on my husband's H1b if I come before my visa expires.

My queries are

1. Do you agree with what my attorney says ? and have u heard of any such cases ?
2. If we have to apply for an extension of my H4 upon my return from india, how many days prior to the expiry of my current visa (sep 30, 2007) should we apply ?

Please advice.
Thanks in Advacne.

- Amulya

[Subramanya]

H4 issues

[QUOTE=amulyavenkat]Hello Subramanya,

I have seen that u have been answering queries regarding H4 extension. I am also in a similar situation, pls advice.

I am on H4 visa which expires on Sep 30, 2007.My husband has a H1b which expires on April 11, 2009. We dint file for an extension of my H4, since we had travel plans in Dec 2006 and thought I would go for stamping again. But I dint go to India and now I have to go to india in sep first week. My attorney says I need not go for a stamping and i will be issued a new I-94 based on my husband's H1b if I come before my visa expires.

My queries are

1. Do you agree with what my attorney says ? and have u heard of any such cases ?

---- yes, your attorney is right

2. If we have to apply for an extension of my H4 upon my return from india, how many days prior to the expiry of my current visa (sep 30, 2007) should we apply ?

---- There is no definite time period,but sooner the better. However, do not apply for the extension and leave the country, as that will be considered as an abandonment of H4

Subramanya