I have question regarding H4 Stamping at Chennai. I have only H4 renewal approval notice valid till this Oct’ 2011. If I alone go to India for vacation & return back to USA, will I be able to get my visa stamped with the I-94 approval notice? Or should my husband also come with me to India & both of us has to get the visa stamped at Chennai Consulate? And what are all the documents I should carry while going to the Chennai Consulate. If anyone can help me regarding this issue will be very helpful.
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You don't need your husband to apply with you in any case.
H4 status depends on H1 status and hence you will need your husband's H1 approval notice to get your H4 Visa. Your own H4 extension of status is immaterial once you leave the US. You should submit the I-94 on your approval notice (bottom right part) to the airline when you leave.
Your visa will only be valid up to the H1 petition end date and you must travel to the US before this date.This is my opinion and not legal advice.
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To kabkaba
Thanks for posting your comment. So you are saying that I need to carry my husband's (H1B holder) approval notice copy to get my visa stamped in Chennai Consulate right? And I need to return to USA before Visa expires right ? I have one more question can I travel to India during the time we applied for Visa Renewal (at that time we have only receipt no)? I am totally confused whether to or not, because what if I get held up in India it self.
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You can leave any time, but your husband should not leave while his petition is pending. If you plan to leave before your I-94 expires, you don't need to file I-539 alongwith husband's petition.
You have two choices, don't file I-539 alongwith your husband's extension, leave the US, apply for Visa based on current petition, return before current petition expires and then file I-539 to extend your status according to husband's new petition.
Second choice is don't file I-539 alongwith your husband's extension, leave the US, wait for husband's petition approval, apply for H4 visa based on new petition and return to get an extended I-94.This is my opinion and not legal advice.
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