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H4 visa dropbox query

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  • H4 visa dropbox query

    Hello,

    My employer has applied H1B extention for me and H4 (I539) extension for my wife recently. My wife's I94 is about to expire on Sep 29, 2015. She needs to travel to India on first week of October.

    1. If she travels to India before her H4 extension gets approved, will her petition be denied?

    2. If her H4 extension petition is denied, then I think she must use my H1B extension approval notice to get new H4 stamping. Correct me if I am wrong.

    3. If her H4 extension petition is denied, can she use the dropbox option for her H4 stamping based on my H1B extension approval notice? I mean, can she just submit other my H1B extension approval notice along with necessary document( NO H4 EXTENSION APPROVAL NOTICE) for DROPBOX option?

    Thanks in advance!

    Thanks,

  • #2
    1. If she travels to India before her H4 extension gets approved, will her petition be denied?
    >>> Yes. It is possible. She should either travel after getting a decision on her H4 extension or she should travel before her I-94 expires. Upon return, she can show your H1B approval notice to get an I-94 matching your petition expiry date.

    2. If her H4 extension petition is denied, then I think she must use my H1B extension approval notice to get new H4 stamping. Correct me if I am wrong.
    >>> In order to re-enter U.S, she will anyhow need a valid H4 visa stamped in her passport. If her previous has expired or will be expired before her returns back, then she will need to get her H4 visa stamped using your H1B approval notice irrespective of whether her H4 extension gets approved or denied.

    3. If her H4 extension petition is denied, can she use the dropbox option for her H4 stamping based on my H1B extension approval notice? I mean, can she just submit other my H1B extension approval notice along with necessary document( NO H4 EXTENSION APPROVAL NOTICE) for DROPBOX option?
    >>> Dropbox doesn't work that way. Check the below link to see if she qualifies for drop box.
    Not a legal advice. Use of this information is strictly at your own risk.

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