Every three years for H1B and H4 for us we need visa renewal after petition renewal. We both applied. My H1B got renewed and stamped. But my wife's got 221g blue form asking for finger prints at the consulate. Her old visa will expire on 2nd November 2014. Can she travel on the old visa and stay until visa expiry?
She can enter the U.S. with the existing H-4 with the unexpired visa.
However, if your wife ever leaves the United States, she will be required to attend the U. S. consulate to request the H-4 and she will have to comply with the fingerprint order.
Why doesn't your wife just have her biometrics taken and receive her new visa? She will still need to renew her visa at some point in the future if she leaves the United States. The biometrics requirement will not simply disappear.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this answer, clients or otherwise, should act or refrain from acting on the basis of any content included in the answer without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a licensed attorney. Provision of information on this website does not create an attorney-client relationship between you and The Law Offices of Grinberg & Segal, P.L.L.C., nor is it intended to do so.
Was your wife ever arrested? If yes, she was probably fingerprinted and which is coming up on the system. I do not recommend travel at this time as the same issue with pop up at the POE. I don't believe she will be allowed to enter if that happens. I'd say avoid the inconvenience. If there are any criminal issues, talk to an immigration attorney.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline