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H4 visa before 3 months of H1 expiry

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  • H4 visa before 3 months of H1 expiry

    Hi, I am currently located in US with a H1-B visa. My petition expires in January. I will be travelling to India to get married in November. I was planning to get my wife along on H4 visa. I recently realized that the consulate will not approve dependent visa if spouses H1 is expiring before 3 months. Is this true?
    I can apply for H1 extension only after I return back from my wedding in November.
    Also, is there a premium processing done for H1 extension.
    Please suggest as to what do I need to do for my wife to travel along with me.

  • #2
    Originally posted by a_n_kin View Post
    Hi, I am currently located in US with a H1-B visa. My petition expires in January. I will be travelling to India to get married in November. I was planning to get my wife along on H4 visa. I recently realized that the consulate will not approve dependent visa if spouses H1 is expiring before 3 months. Is this true?
    I can apply for H1 extension only after I return back from my wedding in November.
    Also, is there a premium processing done for H1 extension.
    Please suggest as to what do I need to do for my wife to travel along with me.
    --- No, it's not true, you can apply for H4 visa for your spouse, 3months is enough to Get H4 Visa.
    I suggest you Don't apply for your spouse H4 visa incase if your I797 will expire within 15days of I797 Validity date.
    -- OMM

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