My wife is currently in India and has got her H4 visa stamped, the H4 visa validity is based on my old petition and valid until 22-SEP-2016 only and unfortunately she was not able to show my new H1 petition at the US consulate which is valid until 2019.
What should be the next steps ? Should I ask her to apply for H4 stamping again in US consulate to get new H4 expiry date until 2019 or will she be able to get new I94 in the port of entry by showing my new petetion H1-valid until 2019.
Current H4 extension persiod in US is around 7-8 months and she intended to apply for EAD to work. I would like to see the fastest option to get her H4 validity dates stored.
Please advice, she is currently planning to travel by end of May. Your help is highly appreciated.
She should apply for a new H-4 visa, using your new H-1B Approval Notice that is valid until 2019. Please contact your H-1B employer's immigration lawyer for additional information and assistance. If you are not satisfied with the quality of your communications with your employer's immigration lawyer, please schedule a consultation with another immigration lawyer who can advise you further on this matter.
This information does not establish an attorney-client relationship or any responsibility or liability on the part of the attorney for actions taken by the recipient arising from having read this information. The recipient of the information is advised to contact an experienced attorney for a formal consultation regarding this matter.
Ideally, your spouse should apply for another H – 4 visa. However, since she is already planning to enter the U. S. during the month of May she may have no choice but to enter with the existing H – 4 visa. She will then have to apply for the extension of the H-4 status with USCIS and if eligible request for the EAD.
I disagree. She can enter using her current visa provided the new h1b petition is valid.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
Why not seek proper counseling from your counsel of record?
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