H4 Revalidation without H1 Stamped

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cas

Registered Users (C)
Hi All,

Our H1/H4 visa expired in June, 2004. Since then we haven't left US. Now my wife want's to goto India. Will she have problems in getting visa revalidated in mumbai consulate. I read couple of blogs saying H4 was rejected saying principal applicant needs to get visa stamped on the passport. Is it true?

Please share some experiences it would really help.

Thanks in advance.

Awaiting your responses.

-CAS
 
follow up

Hey,
Have you never applied for extension I-539 on your H1 and H4 prior to June - expired date. Is this the expire date on I-94 or Visa stamping?

If I-94, whats the plan you have or adviced by ur lawyer?
 
cas said:
Hi All,

Our H1/H4 visa expired in June, 2004. Since then we haven't left US. Now my wife want's to goto India. Will she have problems in getting visa revalidated in mumbai consulate. I read couple of blogs saying H4 was rejected saying principal applicant needs to get visa stamped on the passport. Is it true?

Please share some experiences it would really help.

Thanks in advance.

Awaiting your responses.

-CAS
Click to expand...
if you and your wife filed H1 and H4 extensions before june 2004 and have valid H1 and H4 approval notices with new I-94 attached with extension approvals then you both are in status.
if you the primary H1 hoder does not have H1 Visa stamp in your passport your wife can get H4 visa stamp till your H1 approval notice
 
H4 Revalidation - Please Help

Hi Ginnu,

Thanks very much for your response. Actually i was going through the portal and have heard some cases were rejected as principal havent stamped H1 on the passport. Also i heard couple of cases like me that got H4 stamped. So i bit confused what should i do if my wife wants to leave US for couple of months.

I would really appreciate if you reply me with some suggestion.

Also not we both have I-797 which is valid till 31st Dec, 2007.

Thanks,
CAS
 
cas said:
Hi Ginnu,

Thanks very much for your response. Actually i was going through the portal and have heard some cases were rejected as principal havent stamped H1 on the passport.
-------------------The reason may not be primary not having H1 visa stamp, reason may be W-2 wages or being on bench, employer mistakes or H1 holders not enough documents for spouse visa stamping. Every case is different

Also i heard couple of cases like me that got H4 stamped. So i bit confused what should i do if my wife wants to leave US for couple of months.
----------------- provide your documents to her so that she can get H4 visa stamp. search the consulate site what documents they need or search the threads, copy of LCA and H1 petition extension that was filed for your H1 extension(get it from lawyer he can certify that) employer letter, copy of your pay stubs, copy of your passport, copy of 3 years W-2, tax papers and your H1 approval notice are required and for more info search the threds. she should also take her H4 extension approval and she should show only what is asked

Thanks,
CAS
Click to expand...
 
Thanks Ginnu for all your response, really appreciate for taking some time and answering it.

-CAS
 
H4 stamping

My wife got her J-2 stamped(similar to H4 ) without my J-1 being stamped on my passport in oct 2003. I went couple of months later and got my J-1 stamped. I guess it varies on on Consulate officers mood. I do not know the law. The best way would be to talk to a lawyer.It might cost you a 200 bucks but it will be safer.
 
Thanks Memdoc for your reply, Can you please let me know which consulate was it ? What kind of questions and document did VO asked ?

Awaiting your response.

CAS
 
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