URGENT: H-4 Visa travel to India, Extenstion applied

G

gsingh_minhas

Registered Users (C)
Hi

My wife is on H-4 visa. The stamped visa on the passport expired on Sept. 30, 2005, and H-4 extenstion has been filed with the receipt notice dated July 30, 2005. We have not received the aproval notice for H-4 yet. But my wife needs to travel this month itself to India. We are thinking that my wife can go to india now and then I can mail the aproval notice to her once i get it and then she can apply for the stamping again in India.

There is not emergency for her to go to India, but just that she already has a air ticket to India and it will go waste if she does not use it this month.

Do you think it is advisable to do that ? What are the risks involved ?

Thanks in advance for your help.
 
please help

please help as we need to make the decision very soon as ticket is expiring..it will be great if some one can help us in this time of confusion and tensions

thanks in advance
 
I'm in the similar situation. My wife went to India on Nov 1 and return ticket was booked for Feb 28. The first problem is that she could not get a visa appointment earlier than Mar 17th. Her current H4 is valid till March 19th. Just before she left to India, we sent the paperwork for my 8th year extension and her H4 extension to my attorney. Now, my attorney says that H4 can't be applied until she comes back to the US. It is a catch 22 situation.

I also found out that even if you were to send approved H4 extension to India, it will get rejected. So, the only option is to file for H1 and after it gets approved, send the paperwork to India and file for H4 there.
 
Clarification

Hi Polar

Thanks for your relpy. I think i may not have been clear in stating my situation. H-1B and H-4 extenstion for me and my wife has been applied together on July 30th 2005. And we are waiting for the aproval notice for H-1B and H-4. We should get the aproval notice soon probably within a month.

Now the situation is that should my wife go to India without the aproval notice and then i can mail her the aproval notice (my H-1B as well as H-4) or should she wait till we get the aproval notice and then take it with her to India and then get it stamped in India and come back to US ?

Why do you think it will get rejected ?

I really appreciate your response and advice. Specially when I have not received input from anyone else.

Thanks
 
I think you should be fine since your wife's H4 was filed while she was in US. I don't think she needs to wait for the approval notice for going to India.

I know of a case where the H4 visa got rejected because the H4 was filed and approved when the spouse was out of the country. Basically, you can't file for extension of stay when you are outside the country.
 
in either case you can send the H1 approval notices for your wives to get their H4 stamp. They will not need the extension notice, which becomes in valid if they leave the country before approval anyways. And the extensions are granted by USCIS while the visa stamp is by state department.

You dont need H4 approval prior to applying for H4 but definitely need H1 approval.

good luck
 
waitin_toolong said:
You dont need H4 approval prior to applying for H4 but definitely need H1 approval.
Click to expand...

Are you sure that we don't need H4 approval in order to get stamped H4 visa?

I have same kind of problem, by mistake INS sent my wife I-797 with wrong dates and since I have appointment in Toronto,Canada on 11/23 so I am not sure that whether INS will fix this date problem.

Is that ok for me to go for stamping even if they don't correct dates for my wife I-797?
 
Yo don't need H4 approval to get H4 visa stamping. Just show your H1 approval and say that you don't have I-797 approval for H4.
 
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