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H1B Extension

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  • H1B Extension

    My H1B & Visa Expires in July 31st 2010 and i need to go to India in April for My marriage. My question is: can I file my H1 Extension, after returning from India?
    Does it affect my Fiancé H4 stamping?

    Thanks in Advance!


  • #2
    Yes you can. You will get an I-94 only till the validity of the petition upon your return. You will need to file for extension immediately. It is advisable for your spouse to go for H4 stamping after you have extended the petition. Otherwise her H4 visa validity will be very less (based on your current petition).

    The best option is to apply for the extension now through the premium processing. With an extended petition, your spouse can get a visa that is valid for longer duration (In case you have plans of bringing her immediately after your marriage).
    Not a legal advice. Use of this information is strictly at your own risk.


    • #3
      H1B Extension

      Thanks for your Quick reply.

      In my case, I have other complications.

      I do not want to file my extension before my India Trip because of the following reasons:
      1. My employer is not direct vendor to the client(Third party)
      2. if case is pending, i guess, i can't travel.

      Fine, if she get stamped for shorter period. Since my PD is current I'm planning to file my 485 parallel to my H1 extension.