Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

H4 Automatic Revalidation + B1/B2 visa question on Ensenada cruise trip

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • H4 Automatic Revalidation + B1/B2 visa question on Ensenada cruise trip

    Hi All,
    We're family of 4, planning to travel to Ensenada, Mexico from LA in a cruise and here are family immigration status.
    - I'm on a valid H1B stamped visa. Recently, my company filed the new I-797 petition and it's approved until 2025.
    - My wife has a valid H4 stamped visa, her new H4 and EAD petitions filed and in-process. Until she receives her new EAD (could take 6-8 months), she can't work beyond her current I-94 end-date of September 2022.
    - My parents having a valid B1/B2 visa with admittance of 6 months (presently in the 4th month).

    Main purpose of this travel is to get my wife's I-94 extended till my new I-797 petition approval date of 2025, so that she can continue to work on H4-EAD beyond her current I-94 expiry of September 2022 (based on Automatic Revalidation process).

    **Questions: **
    1. Will my wife able to re-enter the USA and get her I-94 extended till 2025?
    2. Will my parents able to travel to Mexico and re-enter the USA with no issues?

    Appreciate your responses. TIA.

  • #2
    1. It's not "getting her I-94 extended". Her I-94 ends when she leaves the US. When she seeks entry again, she will be given a whole new admission (and I-94) on the basis of her unexpired H4 visa and your H1b status. Her new admission should be until the expiration of your H1b status. (This is not "Automatic Revalidation" as this is for people with expired visas, or who do not have the right type of visa because they changed status.)
    2. If they have valid visas they can seek entry with them. It is always up to the immigration officer at entry whether to let them in.

    This is my personal opinion and is not to be construed as legal advice.

    Comment

    {{modal[0].title}}

    X

    {{modal[0].content}}

    {{promo.content}}

    Working...
    X