shud i apply for extension?

[tinku1234]

hi
im on h1 visa, stamping and i-94 expires in feb 2010. i got i-797 visa extension approval till may 2011. going to india in jan 2010 for re-stamping. (im not sure whether i really need to attend stamping as some say i shud be able to get i-94 till may 2011 at the POE without stamping).
my concern is i didn't apply for h-4 extension for my wife. after feb 2010, she'll be out of status. so, can she attend the restamping with me in jan 2010 or she has to wait until my stamping then go for it. OR do i have to apply for her h-4 extension here in usa before going to india? running out of time. please advice. thanks.
(the reason why i didn't apply for her extension along with me was that she had h-1 approval at that time but never worked, got ssn, so reentered on h-4 visa in july without changing her visa )

[sk4ih]

You need always to have visa stamping before entering US.
You both can go together for visa.

Your wife needs H4 extn only when she stays in US after H4 expiry.
If leaving US before expiry, you can both get visa and reenter.

[shervin143]

If you and your wife return back before your current visa expiration, then you don't need to go for stamping. You will get an extended I-94 at the POE upon showing the renewed I-797 (Till the petition end date). The same applies to your wife also.

[tinku1234]

thanks for the quick answers. but the two answers are contradciting to each other. any more help..really appreciated? thanks.
i assume there is no guarantee that POE officer will give extended date till may 2011 on my i-94 if i return(2 weeks) even before my current visa expires. any experiences?

[abhayg4]

Hi tinku,

What Shervin has mentioned is correct that you and your wife don;t need Visa stamping again , if you come back before FEB 2010 (Visa Stamping end date) and can get New I-94 as per the new approved I-797 valid till 2011.

BUT what you have mentioned is also correct that there is no guranttee that at POE , I-94 will be given till 2011 and not till FEB2010 as for some cases at POE they give I-94 till the end date of Visa only even after showing new I-797.( I don;t know the reason for the same)
/or Passport expiry date if that is also before I-797and then people have to follow up with the Immigration Office for the correction etc etc.
And in that case you have to apply for Extension for u and ur wife before FEB 2010 (if correction doesn't happen) which is a very tight situation.

Second option is - if you think that you have all the papers ready , then you and ur wife can go for the Re-stamping in India together with ur new approved I-797 and get the stamping done till 2011.
Only issue with this option is - that you have to be ready if by any chance ur Visa Stamping is delayed for any unforseen reasons like Administrative processing which may take its own time.

So , you see that there are pros and cons for both the options.
If I am in ur place - I would have gone with the FIRST option - as even if I am getting I-94 till FEB 2010 but I will be allowed to enter US and then I can do my paperwork from here.

other members can share their views/opinions.

Thanks and Regards,
Abhay