H4 extension without Approval Notice

S

sriram_chennai

New Member
Hi

My H1B is expiring in mid October 2007. I got the extension approved until October 2008. But, my wife's extension application is NOT approved yet. The case is still pending. (Probably, it might take couple of months to get the approval notice) My wife has to go to India now.

(1) Is it OK to go to India and get the H4 stamping done without H4 extension approval?

(2) Or can she go for H4 stamping with my H1B approval notice?

Please advice.

Thanks,
 
I would not do that - when she appears for stamping with the approved I-797 (for H-4) thedeparture record will not indicate the new I-94 # that is used in the I-797. Now I am not sure to what extent this is checked, but we are supposed to submit the latest I-94 while leaving the U.S.
 
I assume your wife's I-94 also expires in mid-October 2007. If she leaves the United States before her current I-94 expires, she can apply for a new H-4 visa with your original H-1B extension approval. H-4 visa doesn't require a pre-approval from the USCIS as a condition of its issuance. She needed to file extension only because she is in the United States and didn't have a plan to go outside then.

You need to make sure that the Consulate she will apply for her H-4 visa at doesn't require her H-4 extension approval notice. But I've never heard of any U.S. Consulate requiring an H-4 extension approval notice in the above situation.

Even if she leaves after her current I-94 expires, she can still apply for an H-4 visa with your original H-1B approval notice. In that case, her own extension application covers between expiration of her current I-94 and the day she left the United States to go back to India.
 
sriram_chennai said:
Hi

My H1B is expiring in mid October 2007. I got the extension approved until October 2008. But, my wife's extension application is NOT approved yet. The case is still pending. (Probably, it might take couple of months to get the approval notice) My wife has to go to India now.

(1) Is it OK to go to India and get the H4 stamping done without H4 extension approval?
------------------------- YES(she need to keep her H4 extension filing reciept and show the consulate if they ask)
(2) Or can she go for H4 stamping with my H1B approval notice?
---------- Her H4 stamping will be based on YOUR H1 approval notice and your H1 valid status
Please advice.

Thanks,
Click to expand...

------------------------
 
You must log in or register to reply here.
Top