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H4 stamping with H1 EOS while H4 extension is still pending at USCIS

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  • H4 stamping with H1 EOS while H4 extension is still pending at USCIS

    Hi,

    Hope you are doing great!

    My currently H1 and my spouse H4 got expired on September 4, 2015 and my employer filed for an extension of stay for H1 and H4 together in Premium processing. After expiration of my visa and applying for extensions, we came to India on October 2015 for 2 months vacation while both of our H1 & H4 extensions are pending. I got an RFE for my H1 while I am in US and my employer responded to RFE and I got my H1 extension Approved on 12/04/2015, but still the H4 extension status showing as "Case Was Received". I thought USCIS will approve H4 extension as well along with H1 as both were applied together but they didn't.

    I am currently in India and would like to appear for Visa stamping. Can I apply for Visa stamping for my wife (H4) as well along with my H1 approval letter Or does she need to have H4 extension approval letter to appear for Visa stamping? I am almost done with my vacation and we need to return back to USA asap after appearing for Visa interview.

    What will happen to my wife's pending H4 extension If I take her to stamping with my H1 approval letter?

    Your response and valuable inputs are greatly appreciated. Thank you for your help in advance!

    Thanks
    Srini

  • #2
    Hi Srini0557

    I am in the same boat as you. Got my H1 extension approved but my dependent's H4 extension is still in "Case Received" status. I have travel plans in 2 weeks time and will need to go for stamping. From what I know they ask for H1 extension approval notice only when we go for stamping. Did you and your spouse go for stamping? It will be really helpful if you could share your experience here.

    Thanks and appreciate your reply.

    Comment


    • #3
      Originally posted by Srini0557 View Post
      Hi,

      Hope you are doing great!

      My currently H1 and my spouse H4 got expired on September 4, 2015 and my employer filed for an extension of stay for H1 and H4 together in Premium processing. After expiration of my visa and applying for extensions, we came to India on October 2015 for 2 months vacation while both of our H1 & H4 extensions are pending. I got an RFE for my H1 while I am in US and my employer responded to RFE and I got my H1 extension Approved on 12/04/2015, but still the H4 extension status showing as "Case Was Received". I thought USCIS will approve H4 extension as well along with H1 as both were applied together but they didn't.

      I am currently in India and would like to appear for Visa stamping. Can I apply for Visa stamping for my wife (H4) as well along with my H1 approval letter Or does she need to have H4 extension approval letter to appear for Visa stamping? I am almost done with my vacation and we need to return back to USA asap after appearing for Visa interview.

      What will happen to my wife's pending H4 extension If I take her to stamping with my H1 approval letter?

      Your response and valuable inputs are greatly appreciated. Thank you for your help in advance!

      Thanks
      Srini
      Hi Srini0557,

      Could you please share your experience here if you guys went for stamping? I m in the same boat as you. Thanks and appreciate your help.

      Comment

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