H4 Extension is needed for Visa Revalidation?

S

skumar111

New Member
I am currently on H1b visa and visa is expiring on 01-APR-2005.

My wife was entered US with H4 (valid upto 15-SEP-2003) visa and we applied her H1b but for some reason she has to leave INDIA before her H1 got approved.In the mean time while she was in INDIA her H1 got approved (valid upto 31-AUG-2003).
But she re-entered US on H4 status only.My son (who is in US) is also on H4 status (valid upto 15-SEP-2003).
Now I want to file H4 extension for my son and H1B visa transfer to other employer for my wife.

My question is do I need to send H4 extension paper (which I have not yet filed)
for revalidation of visa in St Louis for my son or only my I-797 paper?That means Can I send my son's Passport for revalidation of VISA to St Louis with my I797 approval?

What will happen if H1 visa transfer for my wife was denied for some reason?

Your guidence is really appreciated.

Thanks

Kumar
 
You need to file I536 for your son separately. St.Louis will revalidate based on individual approvals only (unlike the US consulate)
If the H1 transfer is denied and the current H4 has expired by that time, then your wife will be out of status.
 
What is current status of my wife?

Thanks Jaxen for prompt reply.

I got clear answer regarding my son's situation.

But I need one more clarification.

While my wife was in INDIA she got H1B approval (valid upto 31-AUG-2003) but she enetered US on H4 (valid upto 15-SEP-2003)only.

When we applied for her SSN,we got the SSN for her from the SS dept (on 10-APR-2003).But she never worked in USA after that

But I am confused about,what is her current status?

As one knowlegable person told me that she is still on H4 as she got her H1b while she was in INDIA and after that she enetered USA on H4.

Now can I file her new H1b and H4 extension at the same time so that she will be in status always?


Please clarify me as I am confused about the situation?


Thanks

Kumar
 
Hi,
ur wife is in H4 status as her H1 got approved while she was outside US and she used H4 to enter US.
I am not sure if u can file both H1 and H4 as her status will be based on the visa which gets approved last. So if she got a job offer better to go with H1 alone.
 
You must log in or register to reply here.
Top