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H4 not applied by the attorney

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  • H4 not applied by the attorney

    Hi,

    Me and My wife's H1b/H4 were supposed to expire on the 30th of sep 2013. My h1b as filed and approved but my wife's h4 was not filed by the lawyer. He realized this after two months when I asked him for the h4 approval notice . So now he applied for my wife's H4 extension on the 12th of Nov. Now my wife is currently out of status for the past 1.5 months.

    We had a plan to travel to India this month end (NOV 28th 2013) and also were planning to go for the interview waiver program as our h1b and h4 were stamped last December after me getting only 1 year of H1B approval .

    Now my wife's h4 is under initial review as per the USCIS acknowledgement letter received on a couple of days back.


    Is it really a good idea for us to travel to India at this time and go for stamping in India using my H1b.

    Or Do we cancel our travel plan till we get her h4 approval confirmation which would take approximately 2.5 months as per a USCIS website.

    As per my attorney, He says we can travel to India and go for stamping in India. Since she stepped out of the country during the process of extension, her application will be irrelevant and she can go for stamping along with me using my H1b status. Is this a good idea? How good are my chances for approval?


    Please provide your inputs.

    Thank you.

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