H-4 enter into US

[prabusp]

Hello
Recently I transfer my H1-B and it'll expand up to mar, 2010. But in my visa printed old employer valid up to sep25 2010. My wife went to India on july23 2010. My question is she can enter US Aug end or sep 1st week? or she suppose to go to embassy and get stamping for next 3 years. she is in H-4. and her passport also printed my old employer valid up to sep 25. 2010. please some one help me which way is best she can enter into USA. Thanks

[kabkaba]

Has your new petition been approved?
Visa can be used even on the last day, but must be accompanied by an approved petition for entering the US. I-94 is given according to petition. If your wife shows your old petition and new petition receipt (if still pending), she will be given I-94 acc. to old petition and she must file I-539 before her I-94 expires. If she comes after your petition approval, she can show the new notice and get I-94 upto the new notice.

[shervin143]

If your wife's current H4 visa is valid, then she can re-enter. H4 has nothing to do with your employer. So she doesn't need to go for stamping just because you have changed your employer (Read the FAQs in immihelp). However, like mentioned in the previous reply, if you don't have the latest approval notice, your wife will get an I-94 only till the validity of your existing I-797 and you will need to file the extension for your wife before the I-94 given at the POE expires.

Hello
Recently I transfer my H1-B and it'll expand up to mar, 2010. But in my visa printed old employer valid up to sep25 2010. My wife went to India on july23 2010. My question is she can enter US Aug end or sep 1st week? or she suppose to go to embassy and get stamping for next 3 years. she is in H-4. and her passport also printed my old employer valid up to sep 25. 2010. please some one help me which way is best she can enter into USA. Thanks

[prabusp]

H4 - Enter into USA

Has your new petition been approved?
Visa can be used even on the last day, but must be accompanied by an approved petition for entering the US. I-94 is given according to petition. If your wife shows your old petition and new petition receipt (if still pending), she will be given I-94 acc. to old petition and she must file I-539 before her I-94 expires. If she comes after your petition approval, she can show the new notice and get I-94 upto the new notice.

yes. Her Visa is approved up to March 2013. but her passport stamping I-94 expire on sep 25 2010. so you telling she can enter into USA last day(i-e) sep 24, 2010. is that correct? let me know. In the board of entry(USA) they will ask her original new I-797 and my original I-797 also. Please let me know thanks.

[prabusp]

If your wife's current H4 visa is valid, then she can re-enter. H4 has nothing to do with your employer. So she doesn't need to go for stamping just because you have changed your employer (Read the FAQs in immihelp). However, like mentioned in the previous reply, if you don't have the latest approval notice, your wife will get an I-94 only till the validity of your existing I-797 and you will need to file the extension for your wife before the I-94 given at the POE expires.

Please let me know how can i file the extension for my wife at the POE?

[shervin143]

You cannot file the extension at the POE. You have to file it with USCIS. You can file the extension of stay for your spouse based on your extended or pending H1B petition. The EOS can be filed 6 months in advance of the current I-94 expiry date. You need to file form I-539 for EOS. Check the below links

https://www.immihelp.com/form-i-539-...igrant-status/

Please let me know how can i file the extension for my wife at the POE?

[prabusp]

Thank you so much for you help.

[prabusp]

I-539 is already approved
when the POE she can show the I-539? Please let me know

[kabkaba]

You are seriously confusing things, provide the following details,
1. Your latest approved petition end date
2. Your wife's current location (I assume outside the US)
3. Your wife's Visa expiry date (Visa is what reads 'Visa' in her passport)

If 1 and 3 are both valid on the date of her entry, she will be able to enter the US. She will be allowed to stay in the US as long as you remain in H1 status up to the date in 1.

[prabusp]

H4 - Enter into USA

You are seriously confusing things, provide the following details,
1. Your latest approved petition end date Mar 07 2013
2. Your wife's current location (I assume outside the US) India
3. Your wife's Visa expiry date (Visa is what reads 'Visa' in her passport) sep 25 2010

If 1 and 3 are both valid on the date of her entry, she will be able to enter the US. She will be allowed to stay in the US as long as you remain in H1 status up to the date in 1.

I hope you understand my case now.

[kabkaba]

If she enters the US before Sep 25, 2010, she can show her existing Visa and a copy of your petition approval notice. Her I-94 will be till Mar 2013 meaning she is allowed to stay till 2013.

If she enters after Sep 25, she must apply for a Visa at a Consulate. Since she may want to travel outside the US later as well, she can apply for this Visa even if her return date is before Sep 25.

[prabusp]

H4 - Enter into USA

Thank you so much....