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Stuck in india with covid

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  • Stuck in india with covid

    Hi, my wife with kid stuck in india bcz of Covid travel restrictions,

    Kid has USA citizen passport
    Spouse has H4 stamped visa on passport valid till sept 10.
    And my current H1 i797 expiring on feb 2021

    1> Is this possible for her to travel from india to usa, by requesting the application based on my Kid USA citizen passport?
    2> If that is not possible, can you please suggest the options, what we have to make her travel happen from India to USA?
    3> is there any date announced, when USA embassy opens in india?
    4> Lets say, if USA embassy opens very soon, if my spouse get stamped based on my current h1 i797, which is valid till feb 2021? still she enters into less than 1yr visa duration, which is blocking her travel based on current covid rule.

    Your input helps a lot to me, much appriciated in advance.

  • #2
    1> NO
    2> Since she already has an H4 stamp through Sep 10, she can travel until that time to the USA (as long as there are flights / etc)
    3> Why are you asking this since your wife already has a H4 stamp which allows her to travel ?
    4> If she gets a stamp from the US consulate, it will be based on your current H1 validity (Feb 2021)
    Opinion only. Cannot be construed as legal advice.


    • #3
      Thanks R78

      2. I'm hearing that, if traveller has less than 1 yr valid visa, they cant travel to usa at this moment, is that correct?


      • #4
        I was initially referring to normal / commercial flights with a valid visa.
        If those are not available, you need to comply with the rules set forth (Air India states one must be a US citizen, PR, OCI, or have a visa for min 1 year).
        Considering your son is a USC, it worthwhile to call AirIndia.
        Also visit this link (US Govt repatriations https://tinyurl.com/uscit-india) to see if she qualifies as accompanying family member. Cost can be upto $2500 per person
        Opinion only. Cannot be construed as legal advice.