Entering US 1 month before expiration of visa?

[curious321]

I am in the US on an H4 visa dependent on my father's H1 visa. Our current 3-year period expires in September of this year (both the visa and my current I-94). My father is currently applying for the 3-year extension. My mother told me that although our current visa expires in September, I might have trouble if I go back to my home country for the summer and come back in August because my visa expires soon thereafter. Is it true that I might have problems if I try to enter the US a month before the expiration of the first 3-year period of my visa (we have not yet received the extension, but from what I understand it is merely routine paperwork)?

Thank you! It would also help if you can provide sources, if possible (or cite personal experience).

Furthermore, would this close re-entry cause trouble when we get the extension? (ie, would we need to exit and enter again to get an I-94 or no?)

Thank you so much!

[shervin143]

You can enter U.S as long as you have a valid H4 visa stamped in your passport and the primary H1B holder's I-797 approval notice is valid and you carry it with you. Usually, the I-94 will be issued till the primary H1B holder's I-797 expiry date. However, there are cases where the officer issued the I-94 only the visa expiry date (whichever occurs first). In that case, you need to have enough time to file the H4 extension. Arriving 1 month before the petition / visa expiry date is enough to file the H4 extension. On the other hand, your father (Primary H1B holder) can file his extension as soon as possble and have his approval notice read before you enter U.S. That way, if you enter U.S (with a valid H4 visa) with the renewed I-797 of the primary H1B holder, you will get an I-94 matching the renewed petition and there is no need to file the extension. You will endup having to file the extension only if the I-94 is issued for a shorter duration (rarely - based on your visa expiry date).

[curious321]

The I-797 approval notice is a receipt for a request for an extension of the H1B?

What would happen if he has not yet received a receipt of the request for an extension for his H1B and I try to enter 1 month before the expiration of my H4/I-94? Would the decision to let me in be dependent on the CBP officer and how convincing I am in my claim that I do not intend to stay past the date and that my father has filed an extension?

[shervin143]

The I-797 approval notice is a receipt for a request for an extension of the H1B?
>>> No. That is called as receipt notice. Approval notice is the one that you get if the petition gets approved.

What would happen if he has not yet received a receipt of the request for an extension for his H1B and I try to enter 1 month before the expiration of my H4/I-94? Would the decision to let me in be dependent on the CBP officer and how convincing I am in my claim that I do not intend to stay past the date and that my father has filed an extension?
>>> You cannot enter U.S based on the receipt notice. You will need a valid H1B approval notice of the primary H1B holder to enter U.S.