Discussion:
Hello
Please review the following situation and let me know the best option.
I am working in USA on H1b visa. My petition will expire on feb 13 2007.
My wife is in India and she just delivered a baby girl.
I will have to file H1b renewal to extend my stay in us and I think if I go for premium
processing then I will get the petition with in couple of weeks.
I am going to travel back in end of jan to get my wife and daughter onsite after all
formalities are completed
My question is when I come back to US my passport will have stamp till feb-13-2007 but will
have the new petition with me.
do you think consulate will issue I-94 according to the new petition or they will issue
based on new visa validity in passport for all three of us
Answer:
Please review the following situation and let me know the best option.
I am working in USA on H1b visa. My petition will expire on feb 13 2007.
My wife is in India and she just delivered a baby girl.
I will have to file H1b renewal to extend my stay in us and I think if I go for premium
processing then I will get the petition with in couple of weeks.
I am going to travel back in end of jan to get my wife and daughter onsite after all
formalities are completed
My question is when I come back to US my passport will have stamp till feb-13-2007 but will have the new petition with me.
do you think consulate will issue I-94 according to the new petition or they will issue based on new visa validity in passport for all three of us
---- The US Consulate does not issue a I-94. It is issued at the POE when you are returning and entering the US
Subramanya
Answer:
Thanks for the reply.
Do u think then POE will give me and my family the I-94 based on new petition
thx
Answer:
Do u think then POE will give me and my family the I-94 based on new petition
---- YES, show the new I-797 petition to the Immigration Officer at the POE and your I-94 will be issued till the validity date of the petition
Subramanya
Answer:
Hi,
The POE will give I-94 based on new petition validity dates for me but what about my wife and daughter? Do you think they will also get I-94 based on new petition.
Thanks for the quick reply
Answer:
Do u think then POE will give me and my family the I-94 based on new petition
---- If you and your family (your wife and kid) have valid Visas in your respective Passports then Immigration officer will issue a I-94 for each of you based on the validity date of your I-797 (H1 approval notice)
---- I presume that you are aware of the need for Passports and Visas for your wife and kid (even new born kids) to enter the US
Subramanya
Answer:
Thanks a lot for your help. This surely clarifies lots of things