H4 visa without stamping H1...

G

Goku

Registered Users (C)
I'm working on H1 and it is valid till June 2005. But my H1 visa on my passport got expired on 2003 Aug.

Can my spouse obtain an H4 visa in this case? ( Does it mandate a current H1 stamping on my passport.)

When she goes for H4 visa I might be in India. Will this affect the situation either way? ( i'm not planning to get H1 stamping since i have AP )

thanks
 
It should not be a problem to get H4 stamped for your wife if you do not have your current H1 in your passport.It would be advisable for her to take your current Original H1B approval notice when she goes for her H4.
 
approval. In your case, you do not have a stamp. Also, if you are in US, you are not supposed to (and would be foolhardy thing to do) to send the original passport out of the country.
 
> When she goes for H4 visa I might be in India.
> i'm not planning to get H1 stamping since i have AP

There shouldn't be a problem, but considering how complex your life would get if some stupid officer refuses to issue the H4, I would strongly advice you go with her and get a stamp for yourself too.

The consulates prefer that husband and wife come together, on a single appointment, for stamping. Also, if they have questions about your H1, old status, company etc, you can be there to answer it.

~T
 
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