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H4 Entering US with spouse I-797 and old valid visa

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  • H4 Entering US with spouse I-797 and old valid visa

    Hi,

    I transferred my H1 to a 3rd party desi employer on April 2008 and working for him until now. He did not transfer my wife's H4 when he did my H1 transfer in 2008.

    My wife left to India on Oct 2008 and was in India with my son for some medical reason. Now I am planning to bring them back.

    Me and my wife have got valid stamping until April 23, 2010 based on my previous employer I-797 petition.

    Now my question is can my wife travel to US after 13+ months of stay in India with the visa valid until 23rd April 2010 (stamped with my previous employer I-797) and use my current employer's I-797 that is in my name at the POE? My son also travels with her and he is holding a US passport.

    1. Will they allow her to enter US?
    2. What date will she get in her I-94? Visa date or the date on my I-797?
    3. Can she claim to the officer at POE if she was given I-94 based on her visa?
    4. What kind of question she should expect at POE?
    5. Should she enter the POE where my employer office is located or she can land anywhere in US?
    6. Should she present the I-797 along with her passport?


    Any help will be greatly appreciated.

    Thanks

  • #2
    Answers below.

    Originally posted by manickan View Post
    Hi,

    I transferred my H1 to a 3rd party desi employer on April 2008 and working for him until now. He did not transfer my wife's H4 when he did my H1 transfer in 2008.

    My wife left to India on Oct 2008 and was in India with my son for some medical reason. Now I am planning to bring them back.

    Me and my wife have got valid stamping until April 23, 2010 based on my previous employer I-797 petition.

    Now my question is can my wife travel to US after 13+ months of stay in India with the visa valid until 23rd April 2010 (stamped with my previous employer I-797) and use my current employer's I-797 that is in my name at the POE? My son also travels with her and he is holding a US passport.

    1. Will they allow her to enter US?
    >>> Yes

    2. What date will she get in her I-94? Visa date or the date on my I-797?
    >>> That depends on the officer at the POE. Usually it should be until the I-797.

    3. Can she claim to the officer at POE if she was given I-94 based on her visa?
    >>> No

    4. What kind of question she should expect at POE?
    >>> https://www.immihelp.com/h1-visa-int...tions-answers/

    5. Should she enter the POE where my employer office is located or she can land anywhere in US?
    >>> Anywhere in U.S as long as there is a valid reason for doing so.

    6. Should she present the I-797 along with her passport?
    >>> Yes


    Any help will be greatly appreciated.

    Thanks
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Thanks Shervin. In case if they give her the visa date which is 23rd April 2010, what should do?

      1. Should I apply for H4 extension or transfer with my current employer?
      2. Should I apply for I-94 re-validation?
      3. In case if I apply for H4 extension/transfer by end of Feb and if she still did not get any approval/denial from USCIS after 23rd April 2010, will she be out of status or the receipt number that she has applied for extn will make her stay as legal?
      4. How long can she stay in US after applying for H4 extension/transfer beyond her I-94 dated 23rd April 2010? I studied somewhere that person on H4 can stay for 180 days in between status which will not be considered as overstay.

      Pls advise.

      Comment


      • #4
        Answers below.

        Originally posted by manickan View Post
        Originally posted by manickan View Post
        Thanks Shervin. In case if they give her the visa date which is 23rd April 2010, what should do?

        1. Should I apply for H4 extension or transfer with my current employer?
        >>> There is no such thing as H4 transfer. H4 has nothing to do with your employer. When your wife returns back in H4 visa, she is all good. You don't need to do anything.

        2. Should I apply for I-94 re-validation?
        >>> Read ans. 1.

        3. In case if I apply for H4 extension/transfer by end of Feb and if she still did not get any approval/denial from USCIS after 23rd April 2010, will she be out of status or the receipt number that she has applied for extn will make her stay as legal?
        >>> There is no status when you are out of the country. You need to apply for extension only when you are already inside the country and when your I-94 is about to expire.

        4. How long can she stay in US after applying for H4 extension/transfer beyond her I-94 dated 23rd April 2010? I studied somewhere that person on H4 can stay for 180 days in between status which will not be considered as overstay.
        >>> She will get a new I-94 upon her return (based on your H1B petition). She can stay legally until that I-94 expires. Advisable to apply for an extension at least 3 months before that I-94 expires. There is no such thing as legally staying 180 days after I-94 expiry.

        Pls advise.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          Thanks Shervin. In case if the VO gives her the I-94 based on her visa which is 23-Apr-2010 and if I apply for her I-94 extension say by 3rd or 4th week of Feb, 2010 what will be her status after 23 April 2010 if I dont hear back from USCIS by then?

          Pls advise.

          Comment


          • #6
            That is termed as "Period of authorized stay".

            Originally posted by manickan View Post
            Thanks Shervin. In case if the VO gives her the I-94 based on her visa which is 23-Apr-2010 and if I apply for her I-94 extension say by 3rd or 4th week of Feb, 2010 what will be her status after 23 April 2010 if I dont hear back from USCIS by then?

            Pls advise.
            Not a legal advice. Use of this information is strictly at your own risk.

            Comment


            • #7
              Thanks Shervin. Anyone who had the same experience with respect to entering US, I-94 based on visa/I-797 and extension of I-94 please post here.

              Comment

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