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India Travel on h4 when wife has both H4 and H1 and Husband's H1b Extension processin

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  • India Travel on h4 when wife has both H4 and H1 and Husband's H1b Extension processin

    We need some clarity on below case :

    HUsband : Has H1B Visa and his company has filed Extension for him and it is under processing

    Wife : Has H4 visa and not filed for extension.However,she has H1B visa which is just approved and valid from October 1st,2011.She needs to work after 1st october 11


    Questions :

    1. Wife needs to travel to India and return by September last week. Can she travel during this period using her H4 Visa?
    2. Is there any problem if Husband's extension gets approved before her return ?
    3. Or is there any problem if Husband's extension is still in Processing status when she is returning back ?

    Please advice.

  • #2
    It is not advisable to travel with a COS waiting to happen on Oct 1st. If you had to travel, then you have two options.

    1) Get the H1B stamped and return back on H1B visa. You will allowed to enter only 10 days prior to the H1B effective date (That is on or after September 21st).

    2) If you do not intent to work in H1B status, then return back in H4 visa (You should return only after Oct 1st). In such case, it is advisable to wait for your husband's H1B extension to get approved and then travel back to U.S with the latest extended H1B approval notice which will get you a new I-94 matching your spouse's I-94. later you can file a COS back to H1B and when that gets approved, you can work.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Hi Shervin,

      Thank you very much for your information.

      I have to start work from October 1st,11 but do not wann to stamp VISA this time.
      So,I have one more question:

      Can I plan travel to India in August and return back to US on September 20 on my H4?

      Comment


      • #4
        Like I mentioned earlier, it is not advisable. You are technically suppose to return all I-94s when you leave the country. If you don't return back in H1B visa, you are not going to get a new I-94 associated with H1B. If yuo exit the country and re-enter, you would really know if the change of status happened on Oct 1st or not. That is kind of a grey area. That is why it is advisable not to travel or travel and return back in h1B visa.

        Originally posted by yoginirakhe View Post
        Hi Shervin,

        Thank you very much for your information.

        I have to start work from October 1st,11 but do not wann to stamp VISA this time.
        So,I have one more question:

        Can I plan travel to India in August and return back to US on September 20 on my H4?
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment

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