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H4 stamping without H1 stamped

San Francisco, CA |


I am currently working on H1B visa. Both me and my wife have H1 and H4 stamped respectively, but our visas expires end of May. My wife is planning to travel in June to India, by when I will definitely have my H1 extension in hand (but not stamped). Will there be any issue with her H4 stamping if she has all documents but a copy of my current stamped H1B?


Attorney Answers 1


Your wife's H-4 will be based on your H-1B status and not necessarily on your H-1B visa. So, at the time she applies for her H-4 visa, as long as you have your H-1B extension approved and the approval notice in hand it doesn't matter that your H-1B visa is not current. A visa is just an entry document into the United States.

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