F1 OPT to H4 processing

[dsthal]

My wife has decided to terminate her employment and get on my dependent visa (H4). She is currently on her OPT STEM extension which will expire on March 9th. Her passport is going to expire on October 9th.I have an approved H1B visa valid till 2016 (not stamped yet but have approval notice) but my passport has expired. Will it be a problem the fact that I don't have a stamped H1B on my passport and that my passport has expired if we have to file for her as my dependent? Thanks for your response.

[raghvi]

My wife has decided to terminate her employment and get on my dependent visa (H4). She is currently on her OPT STEM extension which will expire on March 9th. Her passport is going to expire on October 9th.I have an approved H1B visa valid till 2016 (not stamped yet but have approval notice) but my passport has expired. Will it be a problem the fact that I don't have a stamped H1B on my passport and that my passport has expired if we have to file for her as my dependent? Thanks for your response.

I fail to understand, how you got an I94 beyond your passport expiry? She can move to H4 but her stay would be extended only till her passport expiry/your I94 expiry.

This is my opinion. Not legal advice.