Help Need for H4 visa Stamping

[panky]

My H1 visa is getting expire on 11Aug 2010..I have a plan to go to india for 2 week(25th jun to 9th July).Can my wife go for H4 visa interview in first week of July and can she fly with me to USA after getting visa.After coming back i will apply for visa renewal.
Or can i apply renewal process and go to india and come with wife.

[shervin143]

Advisable to apply for the extension and then go for the visa interview. That way, you both will get a visa as well as the I-94 that has more validity.

If your wife goes for the H4 stamping with your current petition, then she might get a visa only till the petition expiry date (Between 1-2 months).

[panky]

Thanks shevin
But as i know renewal process takes around 3 to 4 months so i wanted to get the visa first and after coming to USA i will apply for renewal process for both the visa.So can my wife get visa for one month and can she come to USA on that visa or whether she can face any difficulty in visa interview or at port of entry.

[shervin143]

There should be no issues. However, the VO will can ask why she is trying to get a visa stamped for such a short duration. At POE, they might remind her that she can stay only for a month. So be prepared to provide the answers to these questions. Otherwise, there will be no issues.

Like you mentioned, the extension might take 2-3 months. By the time you come back, you will have very less time to file for the extension. If for any given reason, your petition for extension gets rejected, then by that time you both would have accumulated illegal stay as your I-94 would have long expired which will cause issues later. Not sure why you people wait till the last minute to file for extension and take such a risk.