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
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
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