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H4 Validity Query

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  • H4 Validity Query

    Hello Members,

    I need some details on H4 validity for first time travelers. Below is my case:

    I had H1B visa from employer A which I got transferred to employer B and traveled to US from employer B with new I-797 which is valid till Nov-2017.
    My wife and kid has H4 stamped from employer A which is valid till June-2016 and they never traveled to US, so there is no I-94 for them.

    Now my queries are -
    1.Can my wife and kid travel to US before their visa expiry date (June-2016) or do they need to go for re-stamping via employer B documents.
    2. If yes for travel, what documents do they need from employer B so that they can get the I-94 valid till mine i.e. Nov-2017?

    Thanks,
    Saurabh

  • #2
    Originally posted by Saurabh Mathur View Post
    Hello Members,

    I need some details on H4 validity for first time travelers. Below is my case:

    I had H1B visa from employer A which I got transferred to employer B and traveled to US from employer B with new I-797 which is valid till Nov-2017.
    My wife and kid has H4 stamped from employer A which is valid till June-2016 and they never traveled to US, so there is no I-94 for them.

    Now my queries are -
    1.Can my wife and kid travel to US before their visa expiry date (June-2016) or do they need to go for re-stamping via employer B documents.
    2. If yes for travel, what documents do they need from employer B so that they can get the I-94 valid till mine i.e. Nov-2017?

    Thanks,
    Saurabh
    1. Yes, as long as they travel before June 2016.
    2. The only way to guarantee that they get I-94 till Nov 2017 is if they get a fresh visa till Nov 2017, for that you would have to fill the DS-160 and pay the necessary fees. They may be eligible for Dropbox too.
    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by raghvi View Post
      1. Yes, as long as they travel before June 2016.
      2. The only way to guarantee that they get I-94 till Nov 2017 is if they get a fresh visa till Nov 2017, for that you would have to fill the DS-160 and pay the necessary fees. They may be eligible for Dropbox too.
      This is my opinion not legal advice.
      Thanks Raghvi for the response.

      Will their old visa with my current 797 document and employer letter not suffice?

      And you said, fill new DS-160 and pay fee and use dropbox facility. Does that mean they need not to go for fingerprint and interview again?

      Thanks,
      Saurabh

      Comment


      • #4
        Originally posted by Saurabh Mathur View Post
        Thanks Raghvi for the response.

        Will their old visa with my current 797 document and employer letter not suffice?

        And you said, fill new DS-160 and pay fee and use dropbox facility. Does that mean they need not to go for fingerprint and interview again?

        Thanks,
        Saurabh
        Many officers give I-94 only till visa expiry and not till I797 expiry.


        Dropbox means they need not go for fingerprint/interview.

        This is my opinion not legal advice.

        Comment

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