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.....Approved I797 B , Stamping need & H4 issue...

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  • .....Approved I797 B , Stamping need & H4 issue...

    My husband got a 1797b approval last week.. he is planning to travel to India next week for stamping... ( He has been in usa since last 7 years.. he recently switched companies )

    I am on h4 , but have applied for h1b this year.... ( not recieved approval yet ?)

    My question is can I wait here till my h1b is approved? or do I have to go with my husband and get h4 stamped again?

    Please help ?
    Thanks a lot!

  • #2
    Only short visits by the H1B holder outside U.S without the dependents are allowed. When is your husband planning to return back? Until when is your H4 I-94 valid? If you have a valid H4 I-94 then you are allowed to stay in U.S without the H1B holder being in status for a very short period of time. If your husband will return back within 2-3 weeks, then you are allowed to stay. If your husband's visa goes into admin process or if his visa gets rejected or if he is going to stay away for more than 2-3 weeks, the you will have to leave the country or you will go out of status on H4.
    Not a legal advice. Use of this information is strictly at your own risk.

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