My hu*****and is holding H-4 multiple entries until Aug 2008. He plans to go back China and come back before Aug 2008. My company is applying H-4 visa 3-year extension for him now.
My company lawyer said:
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If your hu*****and travels overseas and returns to the U.S. prior to the approval of the H-4 extension, he will receive an I-94 card showing admission to the U.S. up to his previous expiration date of August 21, 2008. When the H-4 extension is approved, the approval notice will have a new I-94 card endorsed at the bottom showing his valid status through the new expiration date, and that I-94 card will take precedence over the one that was issued by the inspector upon admission.
However, if the H-4 extension is approved prior to your hu*****and's return from an overseas trip, we should do everything possible to get the original approval notice into his hands prior to his return to the U.S. so he will be able to show it to the inspector upon readmission to the U.S. The inspector should then admit him into the U.S. up to the new expiration date. ***
This company lawyer made some mistakes in the past. My hu*****and doesn't agree with her. My hu*****and is very afraid to show the immigration officer with the new H-4 approval notice when he comes back from China. He said if he does so, he will be asked to go back China to get a new visa from US embassy. The reason is that that H-4 visa approval is just a STATUS, not a valid VISA. Could you please help me on this matter? Do you have any documents that can approve my company lawyer is correct or not. I have asked you the question before but I didn't make question clear. Thanks a lot. Yanini