Need a clarification on H4 Visa and travel

[srirampadm]

Hi,

My wife is currently deputed at onsite (N.Carolina, USA), and her H1 is getting expired by Oct 13'th 2011. she had filed for H1 extension and it is in Initial Review status.

I got H4 Visa with validity until June 2013. Will it be possible for me to travel now with the existing visa ? Please advice.

Thanks,
Sriram

[kabkaba]

How come your Visa validity is longer than hers? Has she received an extension too? When does her latest I-94 expire?

[srirampadm]

She got one year work permit.. It ends by oct,2011. I got my visa 2 months back and valid till 2013.

[kabkaba]

That sounds strange to me. Did you use a different petition approval notice to obtain the H4 Visa? Is your wife in H1 status? Is her latest I-94 showing H1 status?

Anyway, you will need to show copy of the latest H1 petition approval notice from your wife and your current Visa at the port of entry. Visa is only a travel document. Your duration of stay in the US is granted at the port of entry and it will most probably match your wife's petition approval notice. Visa can be used for travel as long as it is valid.
If your I-94 is shorter, you must file I-539 based on your wife's extension before it expires (after reaching the US)

[srirampadm]

Thanks for the reply..
I have used the same petition approval notice which was valid till Oct 13'th 2011,and her latest I94 shows H1B valid till Oct 2011.
So if this is the case, and she filed for extension now, which is initial review status with USCIS,
will that be possible for me to travel with the existing H4 visa ?
and as you have mentioned visa being only the travel document,will it have any issue if i use the existing petition approval notice (which is valid till Oct 13'th 2011) in port of entry?
- Please advice

[kabkaba]

You can use the current H4 Visa and current approval notice to travel to US. After you arrive, your I-94 will be based on petition and hence expire in Oct. Immediately file I-539 to extend your status based on the spouse's extension receipt notice.