I will sincerely appreciate an answer. My wife is travelling to US from India on 5th Feb with unexpired H4 stamp till 20th Feb.

Asked over 1 year ago - Ballwin, MO

After she last travelled to India from US in October 12, my employer filed and got H1 ext for me good till 1 May' 13. My question is : What does she need (new H4 visa stamp based on my new ext, OR just travel with my new H1 ext) to get I-94 at POE which should be good thru 1st May (same as my ext)..what if at POE they give I-94 till 20th Feb. What can we do then? Any lawyer willing to respond??

Additional information

Her current H4 visa stamp is valid till 20th Feb 2013, and she is travelling on 5th Feb 2013.

Attorney answers (2)

  1. Haroen Calehr

    Pro

    Contributor Level 17

    3

    Lawyers agree

    1

    Answered . If her H-4 visa is no longer valid which it appears is the situation, she needs to secure a new H-4 visa first at a US consulate/embassy with your I-797 Notice of Actoin H-1B I-94 extension until May 2013 before she can return to the US from India. If she had travelled to Mexico or Canada (contigous) territory with a valid I-94 but expired H-4 visa for 30 days or less she can re-enter the US but not in your scenario.

  2. Carlos E Sandoval

    Contributor Level 14

    2

    Lawyers agree

    Answered . I agree with my colleague.

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