H4 Stamping : Need Urgent Help

[sjitesh]

My wife's H4 VISA and I-94 has expired.

I want to do her VISA stamping (I don't have I-797 for her and I have not stamped my VISA).

She is flying early next month to India.

So please someone let me know whether my VISA should be stamped for her VISA stamping or my I797 petition will do for her stamping. Also please let me know what all documents she would require for her stamping.

Also, is UK Transit VISA required as she is flying via LONDON?

Thanx in advance for your kind reply.

[hitesh]

Hi,

To be specific could u tell me when did ur wife's H4 & I-94 expire. I can then provide further guidance after knowing all details of ur case. My e-mail address is modi_hitesh@hotmail.com. U can send me an e-mail.

Thanking you.

[romeo999]

Hi, i have a similar problem like yours iam on H4 valid till 2003 but my i-94 expired, did u find any solution, did that person leave to india did she face any problems plz let me know, if a find a solution even i will get back to u.
Thanks

[sjitesh]

I would suggest before taking any decision talk to lawyer first. But here's what I did

1. As my wife's VISA and I94 both had expired, there was no other option than sending her to India. I have confirmed same from my lawyer as well as from INS
2. In India, there was no problem at all. She has sent her docs in dropbox and on third day, she got her VISA stamped.

JFYI..........Please ensure you carry foll docs wherever you go for stamping
1. Your husband's employer letter of verfication which states his position in the company and also salary.
2. Your husbands LCA
3. Bank Statement
4. Your husbands last 2 months paychecks
5. ZEROX of your I94 (Just in case, if US immigration has forgot to stamp PORT OF ENTRY)
6. Other docs mentioned on immigration site for H4 stamping

Also keep following information handy with you during Interview, if any
1. How many employees work in your husbands company
2. Your husbands salary
3. How long he's in U.S and what all company he has worked.
4. How long he is in current company

With all this, you will get the H4-VISA with no probs in India.

But I would suggest you to enquire for here only. Because you can apply for I-539 to adjust your I-94 status, since your VISA is still valid. Talk to good lawyer or directly call INS

[romeo999]

Hi jitesh,
I would like to know more information about when your wife's I-94 expired.Bcoz I have a valid H4 visa till 2003
but My I-94 expired almost one year back.I appreciate your quick response.Can you forward your mail id to docbon10@yahoo.com,I would like to discuss in detail.

Thanx

[Memorax]

My wife is also in similar situation. Her I-94 got expired in 2/2001 and got visa valid until 2003. If you find answers please post here.
thanks in advance

[romeo999]

Hi, i have consulted three attorneys over here, they advised her to go back to india , but i shd not give my i-94 at the port of departure, and when i come back i will get a new i-94 with present visa. but these r all chances but there is no ither go and as my one yr is also nearing iam planning to go before that so if i do get barred it will be for 3 yrs.plz reply back if this is ok.

[boardReader]

If the new H4 was applied before the I94 expiry then it is not necessary to immediately fix the problem.
If you did not apply for H4 extension (along with H1 extension) then it is better to do so before H4 expiry.
If H4 was valid for a longer period, but you got I94 expiry period for a shorter term, you should have filed I102 to fix this problem before I94 expiry. Even now you can do it with the nearest Sub/district INS office or POE.
The issue described in the first post was the result of not applying for H4 extension along with H1 (or something similar)