Very Urgent, H4 visa getting expiry how early to come USA

[mkd2005]

My Wife who is on H4 has gone for vacation to India, visa/i94 is getting expired in 45 days, but the return ticket is booked after 60 days. My daughter is US citizen of 1 year old and she will also be coming with my wife.

Ques.
1. How early she has to land USA.
2. If she comes 15 days early will INS deport her , ( my daughter US citizen will they still deport )
3. Is there any chance, if I apply H1B extension, and if my wife show receipt of extension, will this help if she plan to come before 15 days.

Please help

Thanks
mkd2005

[Murali]

1. She must need a valid to enter to USA, it doesn't matter when it is expiring, even if it expiring few days after she enterinto USA that OK. she can also carry the receipt notice of your h1 extension that may be useful at POE in cases required to show.

2. It look slike you havent even file the H1extension ? you can file it undr premium processing with exra fee but you can get it processed within 2 weeks and that would be helpful.

[mkd2005]

Thanks Murali,

Yes, I have still not applied H1 extension, if I have to apply do I need to get any signature from my wife for H4 extension ?

If I apply thru normal process and get the receipt will that be helpful while she comes just before 15 days.

Some of my friends where saying that 30 days prior she has to enter USA before Visa Expiry. is this 30 days or any day just before expiry, because she wants to come 15 days early before expiry.

Thanks again

[Ramdors]

You do not need any signatures from you wife to apply for your H-1B extension. She can use the reciept or approval to show that even though her I-94 is going to expire shortly, she would be eligible to apply for an extension.

As soon as your wife enters the US, make sure you file a I-539 H-4 extension before the expiry of her I-94

[mkd2005]

thanks

Last question, so she can come 15 days early before expiry of I 94/Visa, when she has my H1 B extension receipt right ?

My only concern is 30 days is mandatory or 15 days will work before expiry.

Thanks a lot again.