Will they give H4 on the basis of my I-797 in Mumbai?

sshah1001

Registered Users (C)
Hi friends,

My wife went to India on Adv.Parole, which got expired while she was there and for medical reason, she could not come back. I had filed a new AP while she was in India, which has still not come. INS rule says that AP should be approved before you leave US.
So, instead of waiting for her AP, I want to get her H4 and come back on H4. She is currently in Mumbai.

Our first H1 and H4 visa expired in Oct'03. I got extension of H1 and got I-797 papers but not got my passport stamped yet.

So, my question is that if I send original I-797 document with all the other papers, will they give her H4 OR they will ask for H1 stamping on my passport.

Please share information here so that I can decide whether to send I-797 or should go personally and get my H1 stamped first and then get her H4.

Thanks in Adv.:rolleyes:
 
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