Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

H4 extension when in India

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • H4 extension when in India

    My wife is on my dependent visa (H4), and she is traveling to India in May-2012 returning July-2012. Her current visa is valid till Sep-2012. I am currently in process of filing I-140, and once approved will file for H1 extension.

    So my question here is, can I apply for H4 extension for my wife when she is in India?
    Or she needs to wait until my H1 extension is approved and then she get it stamped based on the my new I797 and then come?
    Or If my extension is approved before July-2012, can she travel back on the existing visa (valid till Sep-2012) carrying my latest I797 to get extended I94?

    Any suggestion will be highly appreciated.

    Thanks

  • #2
    So my question here is, can I apply for H4 extension for my wife when she is in India?
    >>> Extension can be filed only if the person is currently in U.S.

    Or she needs to wait until my H1 extension is approved and then she get it stamped based on the my new I797 and then come?
    >>> If she want an extened I-94 (instead of just until Sept 2012), then she should wait for your H1B petition approval. She will need to go for stamping only if she won't have a valid H4 visa in the passport as of the date of her return. By showing your extended H1B approval notice at the POE, she will get an I-94 matching your petition expiry date (assuming her passport is valid for more than a year).

    Or If my extension is approved before July-2012, can she travel back on the existing visa (valid till Sep-2012) carrying my latest I797 to get extended I94?
    >>> Yes. Read the above answer.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment

    {{modal[0].title}}

    X

    {{modal[0].content}}

    {{promo.content}}

    Working...
    X