Do H4 people face issue in POE with 2 month validity in visa

USA H1B Visa
1

Hi H1B extension in Progress. For my wife and kid H4 validity is still Sep 30 , 2013. They travelling by July end…

i)will there be a problem in POE for them.

ii)Can they apply Extension with jsut referring my Receipt number as my petition not yet approved.

iii)Will two months time enough for applying their extension ?

2

  1. They can enter US as long as your petition is valid and their H-4 visa stamp has not expired

  2. Once they enter US, they will have to file for extension of status. They can submit your H-1 extension receipt number to file their extensions.

  3. Yes, that should be enough

Another option is to upgrade your petition to PP so that you get it approved. When they show the 2 petitions while entering US, they can get expiration date based on the new approval notice. You can discuss this w/ your attorney.

3

Thanks Saurabh