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Query regarding H4 visa

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  • Query regarding H4 visa

    Hi ,

    I am applying for H4 visa and my interview is this monday. My husband's previous H1B validity was from 10/01/2010 to 7/31/2013.

    He came down to india last month and renewed his H1B whose validity is from 8/1/2013 to 7/18/2016.

    I was on a H1B visa from 09/01/2011 - 12/31/2011. While in USA, I converted to H4 using my husband's previous H1B and my validity was from 02/07/2012 - 07/31/2013.but the H4 was not stamped in my passport.I came down to India in jan, 2013.

    My question is: I am applying for H4 using my husband's renewed I-797A whose validity is from 8/1/2013 to 7/18/2016. Can I ask the visa officer that due to my current valid H4 status, can I use it to enter the US in June 2013 ?


  • #2
    Your extension of H4 status approval notice is irrelevant after you leave the US.

    Since you are applying based on the 2016 expiry petition, you Visa will be valid till 2016. But, there is no start date for the Visa. What you need in order to travel is a current H1 petition, which your spouse must have. So the short answer is that you can travel immediately after you obtain the Visa.
    This is my opinion and not legal advice.