Need help on H4

[itssara]

Hi,

My VISA is getting expired on Sep 29, 2011. My wife and kid are in India. I am planning to bring them here before my VISA expires. But, my kid doesn't have a VISA. I m going to apply for it, will they issue VISA if i apply now?

Note: Anyway my company is applying for an extension for me, but the process takes time rite.

Can anyone give me a suggestion? i m not sure what to do.

[shervin143]

Your visa is not important to get your dependents to U.S. Your valid petition and I-94 is what is important. It is advisable that you get your H1B extended and then bring your family to U.S. That way, by showing your latest approval notice, they can get the visa stamped with extended validity (whoever doesn't have a valid H4 visa in their passport) and also, then can get an extended I-94 at the POE based on your extended petition. That way, you don't have to worry about filing their extensions immediately once they are in U.S.

[itssara]

Thanks for replying to my question.

So, if i apply for a new H4 VISA to my kid, will it be approved without considering my validity (upto Sep 30).? will they ask for any proof of extension?

[shervin143]

They don't care whether you have filed an extension or not. The H4 is based on your approved I-797. Since your current approved I-797 is valid only till Sept 29th, the H4 visa if approved will be valid only till Sept 29th. When you are spending so much time and money for the visa, it is advisable that you get the petition extended and they apply for the visa so that the visa will have a longer validity period.

Thanks for replying to my question.

So, if i apply for a new H4 VISA to my kid, will it be approved without considering my validity (upto Sep 30).? will they ask for any proof of extension?

[itssara]

Ok. Thanks again.