H4 Extension - Urgent

K

kumar461

Registered Users (C)
Hi,
My wife came to US on h4, later converted to H1. Her H1 expired on 06/14/2002 and we applied her extension on 08/13/2002 which is within the 180 days limit. We submitted an explanation to the query from INS in December. Now my question is, if she wants to go to india before her H-4 extension comes in, what are the options of comming into US. I mean can she get her H4 stamped in india, are there any complications by doing this??

Thanks,
Kumar
 
Yes she can..

she can get a H4 visa based on your H1 approval notice and marriage certs at a consulate in India.

If she is out of the country and H4 approval comes in and then she re-enters the USA..het I_94 at airport will be the valid one. otherwise if the H4 comes in after she has entered the country the nher i-94 is the H4 approval notice I-94.

Ideally for an H1 case..you must not travel until you have the pending applications approval. But for H4 I think no harm is done.
 
Wrong advice

Your spouse's application is still change of status. All change of status applications are abandoned by travel out of status.
However your spouse can apply for a new H4 in home country consulate, but beware some consulates see this transgression as violation (intent to fraud DOS/BCIS) and refuse further stamping.

patience is a virtue
 
what is your problem ?

It will take 11-12 months just to get a COS done to H4 since no one cares if it happens early or late..and that would mean that you are trapped in the USA for 11-12 months unable to travel. If you can get an H4 visa from a consulate on only a H1 approval and a marriage certs the first time, no reason why you cant get it another time. I agree a COS will be abandoned by travel but that is a problem only for H1...you can get an H4 visa in this way, not so with an H1.
 
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