H4 extension Q

[siva604]

Siva,

We probably will have your H-1B extension approved by May 9, in which case she can present that new approval notice when she reenters and she will be admitted for a three-year period, meaning she won’t need the H-4 extension filed for her after she gets back.  We’ll be sure to keep you posted on the status of your H-1B extension.
Take care!

 

That's my lawyer response. My H1b is due for renewal in June. My lawyer stated that we need not to file for H 4 extension. I am here in US and my wife will be back in May. Is this correct?

[no01]

correct ey cheppadu kada....just file your H1 alone in premium and send that approval to your wife in India. She needs to get H4 stamping in India and automatic ga she will get H4 status for the next 3 yrs

[siva604]

2 minutes ago, no01 said:

correct ey cheppadu kada....just file your H1 alone in premium and send that approval to your wife in India. She needs to get H4 stamping in India and automatic ga she will get H4 status for the next 3 yrs

We had stamping done back in Feb. I came back in March and she will be back in May.

[HugoStrange]

21 minutes ago, siva604 said:

Siva,

We probably will have your H-1B extension approved by May 9, in which case she can present that new approval notice when she reenters and she will be admitted for a three-year period, meaning she won’t need the H-4 extension filed for her after she gets back.  We’ll be sure to keep you posted on the status of your H-1B extension.
Take care!

 

That's my lawyer response. My H1b is due for renewal in June. My lawyer stated that we need not to file for H 4 extension. I am here in US and my wife will be back in May. Is this correct?

I dont think this is right. She either needs to go to stamping in India or have to apply for extension once she is back in US. India lo undaga extension apply cheyakudadu. 

[siva604]

5 minutes ago, HugoStrange said:

I dont think this is right. She either needs to go to stamping in India or have to apply for extension once she is back in US. India lo undaga extension apply cheyakudadu. 

Yeah. My lawyer stated that we cant apply for extension while she is in India. I said okay and i had a plan to apply for extension once she is back. Few minutes later she got back to me with that above mentioned information. 

[TensionNahiLeneka]

18 minutes ago, siva604 said:

We had stamping done back in Feb. I came back in March and she will be back in May.

mee wife ki akkada already stamping ayyindi annv kada, when it expiring? 

 

[siva604]

2 minutes ago, TensionNahiLeneka said:

mee wife ki akkada already stamping ayyindi annv kada, when it expiring? 

 

July 2022. My initial H1b from 2019-2022. I am filing for extension now from 2022-2025

[Abhagyudu]

She can get it extended at port of entry..my wife did the same last time and they extended it after seeing i797. It depends on the poe officer..nenu try chesa ,if it works all good otherwise extension apply cheddam anukunta.. luckily they extended it and we filed for h4 ead as well later

[siva604]

3 minutes ago, Abhagyudu said:

She can get it extended at port of entry..my wife did the same last time and they extended it after seeing i797. It depends on the poe officer..nenu try chesa ,if it works all good otherwise extension apply cheddam anukunta.. luckily they extended it and we filed for h4 ead as well later

Thanks man! That is definitely helpful. I will do the same.

[no01]

3 hours ago, Abhagyudu said:

She can get it extended at port of entry..my wife did the same last time and they extended it after seeing i797. It depends on the poe officer..nenu try chesa ,if it works all good otherwise extension apply cheddam anukunta.. luckily they extended it and we filed for h4 ead as well later

@siva604

check with attorney and get clarification. She can travel back with her existing stamping, but at Port of entry, can she show new 797 of yours and get H4 extn automatically? what if CBP officer issues i-94 based on current status? in that case July 22 varake she can stay here and malli separate ga H4 extn apply cheyyali. We cant trust CBP officers fully.

btw meeru monne Feb lo India vellaru annav kada...why didn't you apply extn in premium and then get stamped on the new extn rather than on your current soon to be expiring 797?

 

[siva604]

4 minutes ago, no01 said:

@siva604

check with attorney and get clarification. She can travel back with her existing stamping, but at Port of entry, can she show new 797 of yours and get H4 extn automatically? what if CBP officer issues i-94 based on current status? in that case July 22 varake she can stay here and malli separate ga H4 extn apply cheyyali. We cant trust CBP officers fully.

btw meeru monne Feb lo India vellaru annav kada...why didn't you apply extn in premium and then get stamped on the new extn rather than on your current soon to be expiring 797?

 

Q. check with attorney and get clarification. She can travel back with her existing stamping, but at Port of entry, can she show new 797 of yours and get H4 extn automatically? what if CBP officer issues i-94 based on current status? in that case July 22 varake she can stay here and malli separate ga H4 extn apply cheyyali. We cant trust CBP officers fully.

Yeah. We can file for H4 extension if CBP just stamps until July. 

Q.btw meeru monne Feb lo India vellaru annav kada...why didn't you apply extn in premium and then get stamped on the new extn rather than on your current soon to be expiring 797?

That idea  never crossed my mind as i thought Feb would be too early to apply for extension.  

 

[TensionNahiLeneka]

19 hours ago, siva604 said:

July 2022. My initial H1b from 2019-2022. I am filing for extension now from 2022-2025

if  she already have Visa until July 2022. 

I guess, she can enter USA with that stamping, but she have to apply for extension to stay after July 2022. 

 

it is my thought. 

[TensionNahiLeneka]

18 hours ago, Abhagyudu said:

She can get it extended at port of entry..my wife did the same last time and they extended it after seeing i797. It depends on the poe officer..nenu try chesa ,if it works all good otherwise extension apply cheddam anukunta.. luckily they extended it and we filed for h4 ead as well later

POE lo extension cheyyadam endi? either we need to have a Visa copy in passport, or approval letter from USCIS. ee POE concept kottaga vinna. please explain.

1) passport lo inko stamp vestara? like a actual Visa copy , i dont think so. 

2) approval letter lekunda , how she can stay in US after July 2022. 

 

[Naistam]

She can enter with existing stamping and apply for extension once she is here. Nothing to worry