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??
If her H-4 visa is no longer valid which it appears is the situation, she needs to secure a new H-4 visa first at a US consulate/embassy with your I-797 Notice of Actoin H-1B I-94 extension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.
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