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H4 visa validity and extension options for wife still in India

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  • H4 visa validity and extension options for wife still in India

    Hello all,
    I got married recently and my wife also got her H4 visa stamped. But there is a concern which i would like your inputs on

    1) My previous H1B validity date was till Oct 2019
    2) I had applied for renewal of my H1B before i went to India for marriage
    3) My wife applied her DS 160 for H4 visa with my previous H1B which was valid till Oct 2019 and secured interview date.
    4) My new H1B got approved ( I 797). I went to India and got new visa stamped - validity till 2022
    5) Wife appears for H4 visa interview and submits my visa documents which are new ( validity till 2022)
    6) My wife got H4 visa approved till oct 2019

    She is still in India now and plans to leave to USA next week and i am back in USA already.

    What are my best options now

    1) She comes here and we apply for H4 Visa extension. Only thing is we will get H4 visa stamped when we go to india ( cannot travel outside)
    2) Can she do dropbox in India and apply DS160 again with my new H1B documents?

    Thanks a lot for help!

  • #2
    A visa is for entry purposes only. What determines the duration of stay is the I94. Your wife can show your new H1 documents at the POE and she would probably get an I94 valid until the expiry of your new H1B. I would recommend doing nothing, and thinking about any future course of action depending on the I94.
    Just an opinion; Not legal advice.

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    • #3
      Thanks for reply. My concern is not about my wife's entry. It is more about applying for EAD card with H4 visa, but since the visa is valid till Oct 2019, will it pose any risk until i extend her H4 visa?

      Comment


      • #4
        Once again, visa is merely for entry. Length of stay, ability to get EAD, etc., are not dependent on visa validity. Visa is valid until Oct 2019 ==> One can try to enter the USA until Oct2019. Nothing more nothing less.
        Just an opinion; Not legal advice.

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