H1 extended. need H4 re-stamping?

T

tanyast

New Member
Hi, please help me with this inquiry.

I'm here on H4, have the visa in my passport since 2008, and the expiration date is 2013, as is my I-94's. My husband's H1 was to expire last October, he applied for an extension, which was approved. He went back home and got a new stamp in the passport.

I plan to go back home this summer too, and I'm worried that I could have problems comming back to US because my husband's H1 was changed. Please advice me if I sould re-stamp my H4.

Thanks in advance!
 
tanyast said:
Hi, please help me with this inquiry.

I'm here on H4, have the visa in my passport since 2008, and the expiration date is 2013, as is my I-94's.
My husband's H1 was to expire last October
------ If your husband's H1 was to expire last October(October 2010) then How did you got H4 Visa stamp valid till 2013 from US consulate????
, he applied for an extension, which was approved. He went back home and got a new stamp in the passport.

I plan to go back home this summer too, and I'm worried that I could have problems coming back to US because my husband's H1 was changed.
------ What do you mean by "husband's H1 was changed". if he applied for H1 Extension or Joined new employer with H1 transfer it does not mean your H4 Visa becomes Invalid. Your H4 Visa stamp or status is based on your spouse H1 status and not tied to Employer A or Employer B.

Please advice me if I sould re-stamp my H4.
--If your spouse is on H1 Visa and you have Valid H4 Visa stamp in your passport then you can come to US on H4. You seem to be confused . Talk to your spouse Company lawyer before you go out to clear your confusion
Thanks in advance!
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------ If your husband's H1 was to expire last October(October 2010) then How did you got H4 Visa stamp valid till 2013 from US consulate???? I was very confused to see this date on my stamp, but I just went on with it. I checked one more time, and IT IS 2013!

------ What do you mean by "husband's H1 was changed". if he applied for H1 Extension or Joined new employer with H1 transfer it does not mean your H4 Visa becomes Invalid. Your H4 Visa stamp or status is based on your spouse H1 status and not tied to Employer A or Employer B. I mean changed because one of the immigration officers wrote on my visa stamp his previous H1 approval receipt number, and now it will be another number.

Thanks for your reply. To sum up, you are saying that I will be safe to go out of US and come back WITHOUT re-stamping my H4?
 
Re-stamping is required only if you change to another status or if your visa is expiring. You don't need re-stamping until 2013.
 
tanyast said:
------ If your husband's H1 was to expire last October(October 2010) then How did you got H4 Visa stamp valid till 2013 from US consulate????
I was very confused to see this date on my stamp, but I just went on with it. I checked one more time, and IT IS 2013!
--------------Till what date is your I-94 validity?

------ What do you mean by "husband's H1 was changed". if he applied for H1 Extension or Joined new employer with H1 transfer it does not mean your H4 Visa becomes Invalid. Your H4 Visa stamp or status is based on your spouse H1 status and not tied to Employer A or Employer B.
I mean changed because one of the immigration officers wrote on my visa stamp his previous H1 approval receipt number, and now it will be another number.
------- when did the immigration officer wrote the Previous H1 approval receipt number or H1 approval notice number? Do you mean VISA officer? do you mean the H1 approval number of your spouse on your VISA Stamp that you got from US consulate??

Thanks for your reply. To sum up, you are saying that I will be safe to go out of US and come back WITHOUT re-stamping my H4?
---When enter US show your Valid H4 visa stamp ( if they ask for your spouse Latest H1 approval notice show them at POE and you will get I-94 till your spouse latest H1 approval notice.
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I see mistake on part of US consulate and they stamped H4 Visa stamp by mistake till 2013. your spouse H1 was Valid till October 2010 when you went for H4 visa stamp and H4 Visa stamp validity was supposed to be till October 2010 and your I-94 validity was supposed to be till October 2010 and you were supposed to file H4 extension with your spouse H1 extension BEFORE October 2010. Even if it is mistake of US consulate still USCIS may create problems for you at the time of GC filling. Your spouse should talk to his Company lawyer regarding the H4 Visa stamp validity till 2013. I know it is not your mistake but in future USCIS may claim that you were out of status on H4 as no H4 extension was filed Before October 2010.

Update us what your lawyer says.
 
Thank you for your responses. My lawer said that I should be fine, I will rely on what he sais and keep my fingers crossed. Will update my post when I come back to US.
 
tanyast said:
Thank you for your responses. My lawer said that I should be fine, I will rely on what he sais and keep my fingers crossed. Will update my post when I come back to US.
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Hope now you will happy after reading the replies and your problem is solved.
 
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