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Can My wife go to India for her visa renewal ( to get a stamp for H4 visa status) with out me (h1b visa )going with her ?

Tonawanda, NY |

I am on H1-b visa , I am right now 30 hrs/week (part time). Now my company is filing amendment for 40 hrs/week (full time). usually takes 4-6 months(as I heard). I never been out of USA since my H1b approval and visa is expired (never did go for stamping). My wife came here on F2 visa and then we changed it to H4 (as soon as I got my H1b approved). She has never been to out of country either. Now she has to go to India for couple of weeks to months . Is it advisable to go for visa stamp in India with out me having visa stamp for H1b ( my status is still valid but visa is expired)? or also before approval of 40hrs/week ?

Attorney Answers 3


  1. Best answer

    Yes if your H1B status is still intact.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


  2. It is extremely unlikely your wife will be issued an H-4 Visa without you having a valid H-1 Visa in your passport.


  3. Yes she can if your H1B is valid.

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