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H-4 visa issue.

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  • H-4 visa issue.

    I am a H1-B holder and my spouse on H-4 and live in US.

    My H1-B(and H-4) visa(in passport) expired on May 03rd 2011 and currently have I-797 extension form till 2014.
    Planning to travel to canada for getting H1-B & H-4 stamping(passports).

    In the past 7 years unknowingly we never filed for sperate H-4 petion along with H1-B.
    But i am getting both (H1-B & H-4) visas stamped everytime based on my I-797 only in Canada without any issue.
    Last time i got stamped both H1-B and H-4 is in Aug' 16 th 2010.
    I was never asked for H-4 petition in any consulate. that how i enrolled into this issue.

    Now knowing that H-4 visa expired 180+ days back in passport and having only H1-B I-797 and
    I am leagal status all the past 7 years in US. The questions i have are:

    a) Can i get stamped both H1-B and H-4 this time in canada same way as previous years ?
    b) What could be the possible outcome of filing “nunc-pro-tunc” H-4 application ?

    Please advise.

  • #2
    Has your wife ever stayed in U.S after her I-94 expiration without a pending H4 extension? If yes, then it is advisable to consult an attorney. You are okay to get the H1B stamped in Canada, but your wife's visa can get denied for the illegal presence. The consulates are more strict these days compare to what there were few years back.
    Not a legal advice. Use of this information is strictly at your own risk.