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H4 Visa-Expiring in September '2008-

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  • H4 Visa-Expiring in September '2008-


    My Wife H4 Visa and I-94 is expiring in September'2008.

    I had applied for her I-94 extension.

    My queries are :

    (a) Can she go back to India before her extension is approved i.e. Going before September '2008.

    (b) If she goes - then she has to get her H4 stamping done again.
    But as my H1 visa is also expiring in September 2008 and I have got new
    I-94 till 2010.
    So can she show my I-797 form and my new I-94 photocopy to certify
    that I am legally staying in US (on H1 B) . Because she cannot show my
    H1 Visa photcopy/Passport as it will be already expired when she goes
    for an interview.
    (c) Also for her interview which I-797 i.e. A,B,C is required . I have only I-
    797C which clearly states that :

    Notice Type : Approval Notice
    Class : H1 B
    Valid From : DD/MM/YYYY to DD/MM/2010
    and in the description it says that "The above petition and extension of
    stay have been approved"

    Does she need the photocopy or the Original for an Interview?

    (d) Also , if she goes before her new I-94 extesnion application is pending ,
    then when she comes back she will have new I-94 at POE and also she
    will get another I-94 because of the application we have filed for her.
    So, will it be a problem to have 2 I-94's on her H4 Visa or we need to
    inform someone (US Immigation/USCIS) that my wife is going to India
    and she has filed for I-94 extension

    (e) Last question is : Right not it is not decided when she will go back because of some personal reasons .So ,if by any chance she is not going to India before September '2008 i.e she is staying in US after her existing I-94 expiry and as we have filed for her I-94 extension.
    (i) Now when she can go back to India - Does she has to wait till her New I-94 comes because if she goes before that then she still had old I-94 and when she submits it while going back . It shows that her I-94 expired in September '2008 and she is leaving US after that.

    I hope I had explained my concerns/queries in details . Will really appreciate if it can be answered.
    Thanks in Advance.


  • #2
    sorry my friend ...

    ... yours in one too long an e-mail. Am sure someone else has the time to read it completely and reply.

    Good luck.


    • #3
      Most of the answers are available from the past week's posts in the H1b section. Read them and post back if you need any clarifications or unanswered questions.

      I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.