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Traveling to India: H1 Extension approved and H4 Extension In Progress

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  • Traveling to India: H1 Extension approved and H4 Extension In Progress

    Hi Friends,

    I have situation which needs your expert advice.

    My wife came to US on Sep 2008 and on arrival, I applied for her H4 extension which was due for renewal and it was timely approved on Jan 2009. However, she never received her latest I-94, instead a courtesy copy was emailed by her attorney. Now, during the month of May 2011, her H4 was due for one more extension and I had applied for the same and now its in processing stage.

    She is planning to visit India next month to attend a family occasion and now we are in fix and dont know whether she can travel or not. I know during the time of departure from US, She has to submit all her I-94(s) - however, she just has only one I-94 (which she received at the time of arrival in US) for submission. When I checked with my attorney, he says - there shouldn't be any problem for her to travel to India, but I am worried whether she might face problems while returning to US once again.

    Can you please advice me, whether I should wait to receive all her I-94(s) or can she just submit the I-94 in hand and provide all the necessary proof (courtesy copy and email which she received from attorney) at departure to make a safe exit?

    Thanks,
    Gopinath

  • #2
    Is her I-94 number the same? Get the original from the attorney if possible. When does the latest I-94 expire?
    This is my opinion and not legal advice.

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    • #3
      Hi kabkaba,

      Thanks for your reply.

      Since my wife has never traveled outside US during this entire period since Sep 2008, I presume her I-94 number remains the same. However the I-94 which she received during her US entry was expired during Nov 2008.

      Do you think this might cause a problem?

      Thanks,
      Gopinath

      Comment


      • #4
        Just submitting her old I-94 to the airline may work, but it is better to get the original I-94 from the attorney. It was her application, although an attorney may have filed it on her behalf and she must get the approval notice in original. The attorney has no right to keep it.
        This is my opinion and not legal advice.

        Comment


        • #5
          Hi kabkaba,

          You are right that attorney has no right to have her I-94, however, I asked for a duplicate copy instead .... but attorney says that she should not worry about it and can travel outside US, when Its in processing stage.

          Do you think it is going to cause her a problem when she travels outside US when her H4 extension is in process, I heard that the extension process will terminate once the person leaves the country?

          Does she face any problem when she visit consulate for stamping due the above reason?

          Please clarify.

          Thanks,
          Gopinath

          Comment


          • #6
            Is the extension in process or application for duplicate approval notice? Has the attorney lost the previous original approval notice?
            This is my opinion and not legal advice.

            Comment

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