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H1B Visa Stamping + Stay issue

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  • H1B Visa Stamping + Stay issue

    Hi

    I am living in USA more than 6 years and petition valid till jun 2018 and I want to do stamping for H1B and My spouse has stamped H4 Visa on last year and she has EAD Also

    I have some query

    1. ) If I will go for stamping for H1B and my wife is in usa and in case there is problem with my Stamping , so How many months my spouse (h4) can stay in USA ?
    and if my H1B status says " Administrative Processing" then How many months she can stay here ?


    2. ) I will do stamping in Canada and after my visa over can I use Drop box facility in India ?


    pls let me know asap

    Thanks

  • #2
    Originally posted by tech2012 View Post
    Hi

    I am living in USA more than 6 years and petition valid till jun 2018 and I want to do stamping for H1B and My spouse has stamped H4 Visa on last year and she has EAD Also

    I have some query

    1. ) If I will go for stamping for H1B and my wife is in usa and in case there is problem with my Stamping , so How many months my spouse (h4) can stay in USA ?
    and if my H1B status says " Administrative Processing" then How many months she can stay here ?


    2. ) I will do stamping in Canada and after my visa over can I use Drop box facility in India ?


    pls let me know asap

    Thanks
    1. Technically 0 Days. If you not maintaining valid status she is out of status too.
    2. Didnt understand, why would you need to use drop box when already got the stamping done in Canada?

    This is my opinion not legal advice.

    Comment


    • #3
      Thanks Raghvi..

      I am clear my question pls see below comments.

      1 ) But my question was if my H1B status says " Administrative Processing" then How many months she can stay here ?
      She can stay here till my administrative process will not complete ( Sometimes Visa offices ask more documents ,so they put our process " In Process" so we don't know they will give visa or denied visa. on this case I am asking ).


      2. ) After stamping in Canada , I will enter into USA and but for my next extension petition ( after 3 years completion of that petition) if I will go india , So Shall I use Drop box facility or still I have to go Face to face interview process. ( because Last Time I did my stamping in Canada , not home country - India)

      let me know thanks

      Comment

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