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H4 with Extended petition or with old petition valid 3 months

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  • H4 with Extended petition or with old petition valid 3 months

    Hello,

    My current H1b petition will be expired on 30th Sep, 2012. I'm planning to file my extension in 10 days. What is advisable for my wife to go h4 visa stamping with old(expires on 30 sept 2012) or extended petition?

    If she goes visa with extended petition, Can she travel with my old petition before oct, 2012, may be in july 2012 while H4 visa is with extended petition?

    Can someone please help us out?

    Thanks for your help!

  • #2
    It is advisable she goes for the visa stamping with your extended petition. That will get her a vis ain the passport until the extended petition expiry date. Also, by showing the extended petition at the POE, she will get an I-94 matching that expiry date and there is no need to file her extension when she is in U.S. You can also file your extension in premium and get the result within 15 days.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Thanks Sherwin143 for your quick reply!

      As my extended petition starts from 1st Oct, Can she travel in july? Can she show my current petition and extension at POE? Will there be any prob? Or she needs to travel after 1st oct?

      Thanks!

      Comment


      • #4
        There will be no issues if she carries both your approval notices while entering U.S. The I-94 will be issued until the extended petition expiry date. Ask her to check the I-94 before she leave the POE and ask the officer to stamp it until the extened petition validity (In case if it was issued until the old petition validity).

        Originally posted by H4VisaHelp View Post
        Thanks Sherwin143 for your quick reply!

        As my extended petition starts from 1st Oct, Can she travel in july? Can she show my current petition and extension at POE? Will there be any prob? Or she needs to travel after 1st oct?

        Thanks!
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment

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