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H1 out of country to get visa stamped, H4 visa in US still in status?
- Thread starter madamut
- Start date
Your legal stay in the US is based on the valid duration of your work permit (I-797). When you have a H1 or H4 stamped on your passport, that allows you to enter the US. Since you will be going outside of the US to have your re-entry H1-B visa stamped onto your passport, I assume you will have a valid I-797 in your possession which you will need to get your H1.
As long as the I-797 is valid, you can stay in the US without having a valid H1-B or H4 stamped onto your passport. Again I assume that based on the validity of this I-797, your wife will be legally resident in the US. Perhaps someone else can clarify whether you should have a seperate I-797 for your wife also. Whenever I renew mine, my company lawyer also renews one for my wife. When she and the kids were out of the country an year back, I only had my I-797 renewed but used this same I-797 to have both our H visas stamped just before returning to the US. Now that she is back, I got both our I-797s renewed recetly when the time came.
Just my understanding, perhaps someone else can shed more light on this. But your leaving the country for a short while should not have any effect on your spouse's residency situation.
Jawad
As long as the I-797 is valid, you can stay in the US without having a valid H1-B or H4 stamped onto your passport. Again I assume that based on the validity of this I-797, your wife will be legally resident in the US. Perhaps someone else can clarify whether you should have a seperate I-797 for your wife also. Whenever I renew mine, my company lawyer also renews one for my wife. When she and the kids were out of the country an year back, I only had my I-797 renewed but used this same I-797 to have both our H visas stamped just before returning to the US. Now that she is back, I got both our I-797s renewed recetly when the time came.
Just my understanding, perhaps someone else can shed more light on this. But your leaving the country for a short while should not have any effect on your spouse's residency situation.
Jawad
Yes, we both have the I-797 renewed until end of 2009. Sorry for not explaining this right.
Somebody asked me if I can leave the country without my wife, and upon some research on google I didn't find any conclusive answer, what I got was that my wife will be in status as long as I'm in status, so my thought was when I leave the country and surrender my I-94 I will actually lose status (or not?) and so my wife? I asked my lawyer, he said my wife won't lose the status, but I wanted to make sure so I posted here.
Apparently so far I think that she won't lose the status, but I don't understand on what base. Can someone explain how this works?
Thanks.
Somebody asked me if I can leave the country without my wife, and upon some research on google I didn't find any conclusive answer, what I got was that my wife will be in status as long as I'm in status, so my thought was when I leave the country and surrender my I-94 I will actually lose status (or not?) and so my wife? I asked my lawyer, he said my wife won't lose the status, but I wanted to make sure so I posted here.
Apparently so far I think that she won't lose the status, but I don't understand on what base. Can someone explain how this works?
Thanks.
manwithnoname
Registered Users (C)
Yes, we both have the I-797 renewed until end of 2009. Sorry for not explaining this right.
Somebody asked me if I can leave the country without my wife, and upon some research on google I didn't find any conclusive answer, what I got was that my wife will be in status as long as I'm in status, so my thought was when I leave the country and surrender my I-94 I will actually lose status (or not?) and so my wife? I asked my lawyer, he said my wife won't lose the status, but I wanted to make sure so I posted here.
Apparently so far I think that she won't lose the status, but I don't understand on what base. Can someone explain how this works?
Thanks.
You don't loose status upon exitng U.S. In other words, H-1B status is applicable as long as you are in the U.S.
- my 2 cents