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  • H1B H4 Visa Help

    I'm really confused and need some help.

    I'm on H1B which is going to expire on March31st 2009. My will appear for extension on H1B (new petition) in feb2009. I'm going to India and also getting married and want to bring my wife to USA in february 2009 on H4. I have some questions.

    If I apply for H4 along with my H1B extension (new petition), which is going to start from 1st April 2009. Can I bring my wife during february after getting my extension or my wife have to wait until April 2009. Remember I have valid visa throughout. My doubt is that since the new petition is starting from April 2009 she will be given visa from that date.

    So How do I apply for H4 so that I can bring her during february? should I apply based on my earlier H1B petition?

    Thanks a bunch.
    ribo
    Last edited by ribo; 12-29-2008, 10:09 AM.

  • #2
    While applying for the H4, you have to present the current I797 and also the new extended I797. Use the new one for all details in the visa form like petition expiration etc.

    This will ensure that the visa is issued through the end date of the new petition.

    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.

    Comment


    • #3
      Thank you for your feedback. I really appreciate you help. I've another question.

      Can I take my wife for her H 4 visa when I'm going to appear for my H1B extension. I mean same appointment. OR Get my extension, then my wife goes for H4 visa?

      Thanks again.

      ribo

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      • #4
        You can go together. She needs another appointment though. You just can't book one appointment for you and take her along with you. You have to add an appointment for her as well if you want to go together.

        VFS makes it easy to add another dependent after filing out one form. Pretty self explanatory.

        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.

        Comment


        • #5
          I'm little confused here. sorry.

          1) Should I use my old H1B (which is still valid) for H4 appointment OR my New H1B extension(which I will appear during feb 2009)
          I guess the answer is old H1B and use the expiration date as on the new H1B and show them both the petition.

          2) If I want to take her along with me during my extension for H1B. I can generate another form after filing out my form in VFS. But in that case it is based on my New petion number which is stating from april 1st (it is contratry to answer 1).I'm appearing for my H1B extension on Feb 2009 and then immediately want to bring her to USA. But if I go for H4 along with my extension new H1B (from april) do you think they will give her H4 visa from feb 2009 and not starting from 1st april 2009.

          I have both the petion with me.

          Thank you
          Last edited by ribo; 12-30-2008, 03:22 PM.

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          • #6
            It does not matter which one you book your appointment with. If you present both I797s during the visa stamping, the visa will be issued to cover for the entire period. I have done it in the past and only issue was at the POE, I94 was issued only for 3 years instead of 3 yrs +x months as the POE officer seems to think that is the max period. I did not bother too much as I was sure I will travel again.

            Not a big deal as you get a new I-94 when you travel within the 3 years to cover the entire period.

            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.

            Comment


            • #7
              Thanks for such a prompt feed back.. I got it.

              THANK YOU AGAIN.

              ribo

              Comment


              • #8
                H1B and H4 together after extension

                Hi Guys,
                Our first three years of petition has expired. Now my wife and I both have I 797 for me it is I-129 and for my wife I539. I am trying to take an appointment from the vfs website. I filled up my application now when I selected for family members I got the following option.
                Spouse/Child of person working in the USA
                (Applying together under the same petition.)

                My wife doesn't have the same petition number as she has got her extension with a different petition number.

                For me the website asked to enter my petition detail but for my wife didn't which is obvious as they are expecting it to be the same petition number.

                Do you think that I go ahead and fill the application for my wife with me?

                Any help is appreciated.

                Thanks,
                Yogesh

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