H1 and H4 visa revalidation question

A

atmaram

Registered Users (C)
Is H4 extension approval notice required when filing the H1 and H4 visa revalidation applications? Or just the H1 extension approval notice is sufficient for both H1 and H4 holders?

The U.S. Department of State H, L, O, and P Visa Revalidation website does not seem to require spouse/dependent's I-797 (H4 approval notice). I would like to verify this from personal experiences of fellow forum members.

Many thanks!
 
HI
Legaly yes we need to have the H1 I -797 also . But from the past few friends experience .. they sent without H4 I-797 without knowing and knowing ...
surprisingly they got both stamped together ..
Better way is first apply for H1 extension with BCIS (I-539) and send H4 passport also to revalidation ..
Maximum if they found out they will send the docs back asking you to resubmit with the I-797 for H4 . By the time you will get That applied I-797.
But U.S.Department doesnot clearly say about the H4 papers ..

Originally posted by atmaram
Is H4 extension approval notice required when filing the H1 and H4 visa revalidation applications? Or just the H1 extension approval notice is sufficient for both H1 and H4 holders?

The U.S. Department of State H, L, O, and P Visa Revalidation website does not seem to require spouse/dependent's I-797 (H4 approval notice). I would like to verify this from personal experiences of fellow forum members.

Many thanks!
Click to expand...
 
atmaram

You May get H4 visa stamp but the H4 holder needs to have filed H4 extension to stay in US and to maintain valid H4 status. If you don’t file H4 holder H4 status extension with USCIS before her I-94 expires then she will be out of status and staying illegally in US after her I-94 expiry. Getting Visa stamp from DOS and extending status from USCIS are different. Visa stamp does not give you status or extend the status. If you have not filed your spouse H4 extension then file her H4 extension with form I-539 with USCIS ASAP
 
Originally posted by ginnu
atmaram

You May get H4 visa stamp but the H4 holder needs to have filed H4 extension to stay in US and to maintain valid H4 status. If you don’t file H4 holder H4 status extension with USCIS before her I-94 expires then she will be out of status and staying illegally in US after her I-94 expiry. Getting Visa stamp from DOS and extending status from USCIS are different. Visa stamp does not give you status or extend the status. If you have not filed your spouse H4 extension then file her H4 extension with form I-539 with USCIS ASAP
Click to expand...

Hello ginnu,

I am aware of the importance of filing an H4 extension with H1 extension and also the difference between getting H1/4 approval and H1/4 visa stamp. Thanks for the reminder though! I am more than sure that there will be other forum members who will find this advice helpful.

I have the H4 extension approval but it has a typo in its start date. My lawyer is going to ask USCIS to re-print and send the correct approval. I am in a bit of a hurry to get our H1-H4 visas revalidated and was wondering if it was possible to do the revalidations using just my H1 approval instead of waiting to get the corrected H4 approval.

Thanks!
 
Hi Ginnu

A slight variation to the discussion. Since my wife was on EAD/Pending AOS, I didn't apply for her H4 (I539) when I applied for my H1 extension. Is it possible for her to get the H4 visa at an US consulate without based on my I797. She wouldn't be having H4-I797.

thanks
 
A slight variation to the discussion. Since my wife was on EAD/Pending AOS, I didn't apply for her H4 (I539) when I applied for my H1 extension.

If she had EAD and AOS pending, she should have applied H4 extension before her I-94 expiry date to remain on H4(EAD not used)
Is it possible for her to get the H4 visa at an US consulate without based on my I797. She wouldn't be having H4-I797.
--- If she goes to consulate she can get H4 visa stamp based on your H1 approval notice and she can enter with H4 Visa stamp and will get I-94 based on H4(even if she used EAD) please remember that these days in India, Chennai, Mumbai consulate create problems for Visa stamps and ask truck load of documents. She must keep an alternative with her and alternative is to keep Valid AP with her if any problem with H4 visa stamp then she can use AP to enter US. Her AP must be applied in US and she should get AP approved IN US before departure
 
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