H4 visa stamping

[ConfusedHusband]

Hi! My wife is on H1B and I am on H4 and we are already living in the USA. Our visas have expired 2 years ago but our status is legal with updated I-94s. I need to go back to my home country but I dont have a valid visa to come back. I plan to go to the embassy in my country to get my visa stamp. However, my wife is going to stay in the US to continue working. Is this ok? Or should she need to come with me to my home country? Please advise. Thanks! Also, is this process risking? I mean there is a high risk of disapproval?

[raghvi]

Hi! My wife is on H1B and I am on H4 and we are already living in the USA. Our visas have expired 2 years ago but our status is legal with updated I-94s. I need to go back to my home country but I dont have a valid visa to come back. I plan to go to the embassy in my country to get my visa stamp. However, my wife is going to stay in the US to continue working. Is this ok? Or should she need to come with me to my home country? Please advise. Thanks! Also, is this process risking? I mean there is a high risk of disapproval?

I am assuming you would have got the I-94s update dafter filing an extension of H1 and H4. In that case I dont see any issue in you attending the visa interview with the latest petition and employment verification letter, latest payslips, etc. (a more detailed list is available on this website) of your spouse.

This is my opinion not legal advice.