H4 Extension for spouse & H4 application for infant from India

[darkprince]

Hi,
I am going back on my valid H1 to USA this month. My VISA expires around September 2013. My Wife has H4 visa and i have a new born in my family who does not have H4 visa. My wife has never traveled to USA.

Question # 1: During my H1B extension this year, can my wife apply for H4 extension from being in my home country?
Question # 2: Can my baby can apply for a new H4? If so, does my wife needs to extend her visa during the same stamping process?

I have heard that my H1B extension proof is sufficient. Can anyone help me out on both of the individual cases?

Thanks!!

[binoca82]

1. Extension is possible only if she is in US. If her visa is expired, she can apply for a new visa.
2. Yes, your baby can apply for H4. If wife's visa is not expired, she can travel using that.

[kabkaba]

Once your H1 petition is extended, your wife and child can together apply for a Visa using the new petition and then travel to US. What is typically called H4 extension is just an extension of status application which needs to be filed only if the person is in the US, otherwise there is no need for that.
Hope that makes it clear.

[darkprince]

Once your H1 petition is extended, your wife and child can together apply for a Visa using the new petition and then travel to US. What is typically called H4 extension is just an extension of status application which needs to be filed only if the person is in the US, otherwise there is no need for that.
Hope that makes it clear.

okay, that means my wife needs a new visa & stamping in home country usa consulate. Can it be a drop box process?

[kabkaba]

If they are traveling before the current H4 Visa expiry, only your child will need the Visa and children are not required to appear for an interview.

If traveling after the current Visa expires, both of them will need valid Visas.

They will of course need the latest H1 petition approval notice copy. (Either the current one or the extended one).