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if my work permit is valid but my visa is not, would my spouse be issued visa?

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  • if my work permit is valid but my visa is not, would my spouse be issued visa?

    My visa lapses in feb 13, but my work permit is valid till Dec 13.
    if i travel to India and marry in feb13 and come back to seek visa petition for my spouse, would she be granted visa till my work permit lasts?
    Or would she be denied if I do not reissue my visa for the remaining months.

    i believe I cannot initiate renewal of visa till six months prior to lapse, that is july- August 13.

  • #2
    Originally posted by gr8myth View Post
    My visa lapses in feb 13, but my work permit is valid till Dec 13.
    if i travel to India and marry in feb13 and come back to seek visa petition for my spouse, would she be granted visa till my work permit lasts?
    Or would she be denied if I do not reissue my visa for the remaining months.

    i believe I cannot initiate renewal of visa till six months prior to lapse, that is july- August 13.
    What do you mean work permit is valid till Dec 2013?
    Further, if your visa is expiring in Feb 2013 on what visa will you re enter US after Visa expiry?

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    • #3
      Originally posted by raghvi View Post
      What do you mean work permit is valid till Dec 2013?
      Further, if your visa is expiring in Feb 2013 on what visa will you re enter US after Visa expiry?
      I797 (work authorization) is valid till Dec 13, but visa is till Feb 2013. I plan to travel in Jan and be back by february and then initiate the visa process for my spouse.

      Will process the work permit extension and visa renewal later in August.

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      • #4
        Originally posted by gr8myth View Post
        I797 (work authorization) is valid till Dec 13, but visa is till Feb 2013. I plan to travel in Jan and be back by february and then initiate the visa process for my spouse.

        Will process the work permit extension and visa renewal later in August.
        I assume you will also have to go for visa stamping to come back. Your wife can also go for visa stamping as a dependent. Per my understanding having less than a year of work authorization isn't a ground of visa rejection.

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        • #5
          Thanks for your response. I was thinking I won't go for stamping this year. Instead I might start processing green card EB1B after I get back in February, while my visa is still valid. That way I won't need a renewal I was hoping.

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