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H4 stamping with expired H1 but valid I-797

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  • H4 stamping with expired H1 but valid I-797

    Hi,
    My husband currently in US his H1 has expired but he has valid I-797.
    Can I get H4 stamped based on I-797 or he has to get his visa stamped before I do?Or can we go toghter to get our visas stamped.
    I have already taken apointment date,should I cancel them?

    pls advice ASAP

  • #2
    You can go alone and get it stamped. It is not required that he attend for the stamping along with you.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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    • #3
      Called VFS today and they said they are not sure it depends on the consulate.I had already mailed them also still waiting for a reply.

      My husband is planning to come to India before my Visa appointment date.In this case also can I go for my scheduled visa appointment?

      Comment


      • #4
        Visa is just an entry document to U.S. For you to get a valid H4 stamped, your husband should have a valid H1B petition. Whether he has a valid visa stamped in his passport or not should not matter for your visa stamping.

        Originally posted by DGirl View Post
        Called VFS today and they said they are not sure it depends on the consulate.I had already mailed them also still waiting for a reply.

        My husband is planning to come to India before my Visa appointment date.In this case also can I go for my scheduled visa appointment?
        Not a legal advice. Use of this information is strictly at your own risk.

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        • #5
          Originally posted by shervin143 View Post
          Visa is just an entry document to U.S. For you to get a valid H4 stamped, your husband should have a valid H1B petition. Whether he has a valid visa stamped in his passport or not should not matter for your visa stamping.
          I am almost in the same boat now, but I am in US and planning to go for H4 visa stamping in HYD India, with H1 visa expired and valid I-797 until Apr 2013.
          Can you please share your experience of what all happened? It will be helpful for most of the people like me.


          Regards

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          • #6
            @PriyaWA I went for the stamping with valid I-797 there was no problem. My husband went for stamping after my stamping. This was in 2010 I am not sure if something has changed since then.

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