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H4 visa, restamping, spouse H1 expired..plz help

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  • H4 visa, restamping, spouse H1 expired..plz help

    Hi,
    I am on H4 and my spouse is on H1. Our visa expired in Jan 2008, However, we got our I-94 extended. I will be going to India soon and I am aware that I have to get my visa restamped if I have to re enter USA. My husband will not be travelling with me. Now, my question is,
    Can i get my H4 renewed while my husband's H1 is expired and he being on I-94 extension?
    Is there any risk in getting my H4 renewed???
    Is it possible to get my H4 renewed while he is still on I-94 extension???

  • #2
    An I-94 extension is not a problem. Most people do it. It should not be a problem if you go for stamping by yourself with the Extended I-797 copy of your husband's H1 among other things.
    Check out H1 FAQs first!
    http://www.immihelp.com/visas/h1b/h1-visa-faq.html

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    • #3
      Thank you

      Originally posted by DMX17
      An I-94 extension is not a problem. Most people do it. It should not be a problem if you go for stamping by yourself with the Extended I-797 copy of your husband's H1 among other things.

      Hi,
      We already have the I-94 extension with us. So, should I assume that with the necessary documents, I can get my H4 renewed even though my husband's H1 is expired and he is on I-94 extn only?

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      • #4
        The visa allows entry.

        The I-94 allows stay.

        You husband's visa expration date only means that he must get new stamping to re-enter the country just like you must get your H4 restamped. It does not negatively impact your visa stamping. If the VO officer asks, tell the truth as to why his visa is not stamped; since he is not traveling with you, I expect that the reason is that he could not get vacation time from work for the trip. That type of a reason is certainlu understandable to the VO.

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        • #5
          Sounds great. Thanks a ton.

          Comment

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