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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 ?

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Attorney answers 3

Best Answer
Posted

Yes if your H1B status is still intact.

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Asker

Posted

Thank a lot. My h1b is valid till october2014. But i never went out side usa so i dont have stamp for my visa in my passport. Will that be a problem?

Alexander Joseph Segal

Alexander Joseph Segal

Posted

You status not your stamp matters. At least under the law, now DOS is known for exercising wide discretion on those things and that is, my friend, something you will only know by finding out.

Asker

Posted

thank you!!

Posted

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

Posted

Yes she can if your H1B is valid.

Asker

Posted

thank you !!! my H1B is till valid till october 2014. but i do not have visa stamp in my passport !! Hopefully that would not matter.

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