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  • H1B extension and H4 doubts

    I am on H1B USA visa and will be travelling to US in Apr-2013.

    Both my H1B petition ,VISA expire month and year is Sep-2013.

    Could you please help me with clarifying my following doubts:

    1. If I travel in Apr-2013, what would be my H1B extension process

    2. If I get the H4 stamp now for my wife and son and will take them with me, will their H4 also get extended along with my H1B?

    3. If I get the H4 stamp now for both of them now and will take them after my H1B extension[after Sep-2013], do we need to go for H4 stamp again?

    4. If I travel in Apr-2013 and I want to take my wife and son in Dec-2013, what would be the best process of getting H4 for them?

    5. If I travel in Apr-2013 and I will take my wife and son with me, what would be the best process of getting H4 for them?

    Could someone please help me in getting my doubts clarified ?. So that I can make a better travel plan without missing my family.
    Last edited by Srinivas; 03-06-2013, 10:43 AM.

  • #2
    Originally posted by Srinivas View Post
    I am on H1B USA visa and will be travelling to US in Apr-2013.

    Both my H1B petition ,VISA expire month and year is Sep-2013.

    Could you please help me with clarifying my following doubts:

    1. If I travel in Apr-2013, what would be my H1B extension process -- Your employer will have to file your extension.

    2. If I get the H4 stamp now for my wife and son and will take them with me, will their H4 also get extended along with my H1B? -- Yes.

    3. If I get the H4 stamp now for both of them now and will take them after my H1B extension[after Sep-2013], do we need to go for H4 stamp again? -- The Visa will expire according to the current petition. If petition is extended before the current one expires, they can use the same Visa (before it expires) and the new petition to travel to US. But if they (and you) leave the US after the current Visa expires, you will need to obtain a new Visa.

    4. If I travel in Apr-2013 and I want to take my wife and son in Dec-2013, what would be the best process of getting H4 for them? -- They will have to apply for Visa after the extension is approved.

    5. If I travel in Apr-2013 and I will take my wife and son with me, what would be the best process of getting H4 for them? -- They will have to apply for Visa now.

    Could someone please help me in getting my doubts clarified ?. So that I can make a better travel plan without missing my family.
    See above.
    This is my opinion and not legal advice.

    Comment


    • #3
      Originally posted by kabkaba View Post
      See above.
      4. If I travel in Apr-2013 and I want to take my wife and son in Dec-2013, what would be the best process of getting H4 for them? -- They will have to apply for Visa after the extension is approved.

      I would be in USA that time. Do I need to come back to India for their H4 interview?..My passport and all other my documents like original petition and all will with me in USA that time. Please advice . the plan is to take my wife and son in Dec-2013 after my Petition and Visa extension.

      3. If I get the H4 stamp now for both of them now and will take them after my H1B extension[after Sep-2013], do we need to go for H4 stamp again? -- The Visa will expire according to the current petition. If petition is extended before the current one expires, they can use the same Visa (before it expires) and the new petition to travel to US. But if they (and you) leave the US after the current Visa expires, you will need to obtain a new Visa.

      My employer will apply for the petition extension. Both my H1B petition ,VISA expire month and year is Sep-2013. If I go there to USA in Apr or May-2013, will be there sufficient time to my employer to get my petition and VISA extensions?..do I need to comeback to India for these extension or interveiw process?

      Comment


      • #4
        Originally posted by Srinivas View Post
        4. If I travel in Apr-2013 and I want to take my wife and son in Dec-2013, what would be the best process of getting H4 for them? -- They will have to apply for Visa after the extension is approved.

        I would be in USA that time. Do I need to come back to India for their H4 interview?..My passport and all other my documents like original petition and all will with me in USA that time. Please advice . the plan is to take my wife and son in Dec-2013 after my Petition and Visa extension.
        -- They can apply for their Visas without you being with them. You can of course send the petition approval notice to them by mail. Even a copy is sufficient.

        3. If I get the H4 stamp now for both of them now and will take them after my H1B extension[after Sep-2013], do we need to go for H4 stamp again? -- The Visa will expire according to the current petition. If petition is extended before the current one expires, they can use the same Visa (before it expires) and the new petition to travel to US. But if they (and you) leave the US after the current Visa expires, you will need to obtain a new Visa.

        My employer will apply for the petition extension. Both my H1B petition ,VISA expire month and year is Sep-2013. If I go there to USA in Apr or May-2013, will be there sufficient time to my employer to get my petition and VISA extensions?..do I need to comeback to India for these extension or interveiw process?
        -- The petition only needs to applied before your status expires, it does not have to be approved. So that means they have enough time. You don't need to leave the US, your status will be extended with the petition.
        See above.
        This is my opinion and not legal advice.

        Comment


        • #5
          Originally posted by kabkaba View Post
          See above.
          Thank you so much for clear guidance kabkaba. 1 more doubt:

          I think the best plan is to get their visa stamp now and will send the petition approval notice to them by mail in Dec-2013 to apply for their VISA extension. Is this a good idea or getting their H4 after my petition and VISA extension ?.

          Comment


          • #6
            If they apply for Visa using current petition, the Visa will expire in September. They will need to again get the Visa if they don't travel before September in that case.
            This is my opinion and not legal advice.

            Comment


            • #7
              Originally posted by kabkaba View Post
              If they apply for Visa using current petition, the Visa will expire in September. They will need to again get the Visa if they don't travel before September in that case.
              Thanks kabkaba, I will go to US first and after getting my VISA extension, I will ask my dependants to apply for H4 in Dec-2013. After their stamp, they will come to US. Is this a good plan for long term stay with family?

              Comment


              • #8
                Yes.
                This is my opinion and not legal advice.

                Comment

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