Is H4 Revalidation possible without new I-539 for my spouse?

S

srikanthvb

Registered Users (C)
Me and my wife would be going to Chennai for our H1B and H4 revalidation in August 2004. The current visas on both our passports are old employer's visas valid till Feb 2005. I have the new H1B I-797 approval notice from my current employer valid till May 2006. But my current employer did not apply for I-539 for my wife when my H1B transfer was applied.

My Question is :

Will both our visa's be revalidated with new visas on the basis of my new H1B approval notice I-797 or will her visa get rejected on the grounds that she does not have a H4 approval notice, or is it I-539, from my current employer? Will the consulate accept both our applications based on my I-797 even though my wife does not have any approval forms? :confused:

Please advise.
 
srikanthvb said:
Me and my wife would be going to Chennai for our H1B and H4 revalidation in August 2004. The current visas on both our passports are old employer's visas valid till Feb 2005. I have the new H1B I-797 approval notice from my current employer valid till May 2006. But my current employer did not apply for I-539 for my wife when my H1B transfer was applied.

My Question is :

Will both our visa's be revalidated with new visas on the basis of my new H1B approval notice I-797 or will her visa get rejected on the grounds that she does not have a H4 approval notice, or is it I-539, from my current employer? Will the consulate accept both our applications based on my I-797 even though my wife does not have any approval forms? :confused:

Please advise.
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1 you have valid Visa stamp till Feb 2005 and it does not matter if it is through employer A or B, you have new H1 approval notice and no need to get Visa stamping if you want to enter US before Feb 2005, you just show valid Visa stamp AND new H1 approval notice at POE and you will get I-94 till your H1 approval notice
2 if your wife also has H4 valid Visa and want to come back before Feb 2005 then she will also get I-94 till your H1 approval if she shows valid H4 Visa AND your H1 approval at POE.
If she wants to get H4 Visa stamp from US consulate she needs your latest H1 approval and all other documents from YOU or your employer.
It depends when she want to come back. if she goes out of US before her I-94 expires then no need of H4 extension approval or to file I-539 becase I-539 is filed for H4 EXTENSION when H4 holder is IN US and in valid H4 status with valid I-94
 
What if I require to travel outside US after H1B Visa Exp. Date..

Ginnu,

Thanks for your prompt response. Though I might get I-94 dates till 2006, if I have to travel outside US for any unforeseen reasons after Feb 2005 and before 2006, then both of us will have expired Visas and then the revalidation will become a challenge, both for me and for my wife.

Given this, do I have a good chance of getting both of our visas revalidated by Chennai based on I-797 if I were to go for revalidation? My wife already has H4 Visa from my previous employer valid till Feb 2005. Would you suggest us going ahead with revalidation?

Please advise.

Best Regards.

P.S.: Your expertise and contributions to this forum are invaluable.
 
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