Renewal of H4 Visa

svanam

New Member
Hi all,

I have been in USA for the past 5 years. I worked with company 'A' and resigned and joined in company 'B'. Currently, I have my visa stamped on company A. I did not go out of USA to get the visa stamped on Company B. My wife is one H4 visa and she has her visa stamped on company A. Now, she is going to India this month but I am not accompnying her. She is planning to apply for H4 renewal at chennai consulate office.

Question: 1.She has Australian passport. Would there be any problem in getting her H4 renewal without me accompanying her if I supply all the documentation required ?

2. She is planning to return from India before the expiry of her current visa. Would there be any problem at port of entry if she produces her current valid visa but with I-797 on new employer ?

I appreciate any one's reponse who has been through this problem recently (after 9/11/01).

Thanks in advance.
 
svanam:

Q1.She has Australian passport. Would there be any problem in getting her H4 renewal without me accompanying her if I supply all the documentation required ?

Ans: If you supply all the required documentation she should not have any problems getting her H4 multiple-entry visa stamped in the passport.

Q2. She is planning to return from India before the expiry of her current visa. Would there be any problem at port of entry if she produces her current valid visa but with I-797 on new employer ?

Ans: I have personally not done such a thing, BUT, I've heard about people using the multiple-entry visa for Company A and showing the I-797 Approval Notice for the H4 for Company B. I've heard that it is not a problem but you should consult your lawyer on this.
 
Q1. Since she has an Australian passport, they is always the possibility that they might ask her to apply from her home country.

Also, see a related question in murthy.com chat log dated 11/4/02 about H4 visas issued in Chennai.

Q2. This shouldn't be a problem, as long as her H4 visa is still valid, even if it's just for a few more days.

-- alaknanda
 
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