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H4 stamping while my H1B visa is pending- Plz suggest!!!!

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  • H4 stamping while my H1B visa is pending- Plz suggest!!!!


    Me and my wife came to US on H1B and H4 for which the visa stamping is valid untill End of Sep 2008.

    Meanwhile i changed my employer and we both applied for H1B transfer and H4 transfer Extionseion. We both got the extensions untill Oct 2009. On this H1B i worked for couple of months. As we both are having valid visa stamping intill Sep 30 2008
    we both did went for visa stamping with this company.

    Now again i have my employer this time i got my new h1b approval untill end of 2011 and even i got my visa stamped in Mexico.

    Meanwhile i have applied H1B for my wife and application got picked-up in the lottery and our case is still pending for apporval/rejection.

    Now as their is a need of my wife going to India and staying their for couple of months untill Dec 2008 by then her 1st h4 visa stamp which is valid untill End of Sep 2008 will be expired.

    I am palnning to get her H4 visa stamped based on my current H1 which is valid untill 2011.

    So, can i get my wife's H4 visa stamped outside US while she is waiting for her H1?

    If so,which cosnulate is good to get her H4 visa stamped in Tijuana Mexico/Chennai India.

    Later after h4 stamping whether she can enter into the US on H4 (if approved) Or she need to wait untill her new H1B Visa to be stamped in India.

    Will this have any impact on the current new H1B case which is pending but lottery picked.

    Thanks in advance.

  • #2
    Yes. Any consulate is fine.

    She can enter on H4. If she wants to work immediately upon entry, she should get a H1b stamp and enter on H1. No impact on H1b.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.