H4 Visa transfer and Stamping for my daughter

[ramainside]

Hi All,
My Husband's H1b expires on Jun 2012. He is in the extension period. My daughter is currently my husband's dependent and she has a valid H4 visa till Jul 2011. I am in H1b (till 2014). We are planning to go on a vacation to India in Feb 2011. We both have to go for visa stamping in India. Since my husband's H1b period is less when compared to mine, at the time of visa stamping, we prefer to change my daughter's status from my husband's dependent to my dependent. Since she has a valid H4 visa (for 4 months while returning back from India to US), I am not sure whether it will be possible to take her to the consulate with me and change her dependency status. If she cannot go to consulate with me, can my husband take her with him and extend her visa period along with his? Will it be problem to take her to stamping while she has valid H4 visa? In either way we want to extend her visa period while we are in India, before returning to US. Please let me know which will be possible?
Thanks!

 

[ginnu]

Hi All,


My Husband's H1b expires on Jun 2012. He is in the extension period.

My daughter is currently my husband's dependent and she has a valid H4 visa till Jul 2011.
---- Why she has H4 visa validly Jul 2011? It should be till her father H1 that is valid till Jun 2012.daughter I-94 expiry date should be also till 2012.
I am in H1b (till 2014). We are planning to go on a vacation to India in Feb 2011.
We both have to go for visa stamping in India.
--------------what do you mean by 'Both'?
Since my husband's H1b period is less when compared to mine, at the time of visa stamping, we prefer to change my daughter's status from my husband's dependent to my dependent. Since she has a valid H4 visa (for 4 months while returning back from India to US), I am not sure whether it will be possible to take her to the consulate with me and change her dependency status. If she cannot go to consulate with me, can my husband take her with him and extend her visa period along with his?
------ if She has Valid H4 Visa stamp then she don't need to get new Visa stamp from US consulate . when enter POE she will show your Husband H1 approval notice+H4 visa stamp and can get I-94 till your Husband H1 approval notice. Nothing wrong if he takes her to Consulate but consulate may say that she has valid Visa or may take fees and stamp new Visa.
Will it be problem to take her to stamping while she has valid H4 visa?
---------------not a problem. it is up to consulate to stamp new visa or not to stamp.

In either way we want to extend her visa period while we are in India, before returning to US.
----------------------- If she is going to enter US with your spouse then she CAN get I-94 till your spouse H1 at POE and no need to visit US consulate.
Please let me know which will be possible?
Thanks!

For more info talk to your lawyer.