H4 Stamping or I-824

[pkumarbi1]

Hi all, 

Here is my scenario, please advice. 
Me (H1B) and my wife ( H4) applied for extension last year. My H1B extension got approved but my wife's H4 case status is still showing as "Case transferred .....and Pending...". During this period, We moved to a new address and added mail forwarding. 

After multiple inquiries, Finally through congressman's help we got to know that 
"USCIS records show that this case was approved on 06/15/2016 and the approved notice was sent to the address on file. The approval notice has not been returned to USCIS as undeliverable. Therefore, we will not be able to request a duplicate approval notice to be sent to the applicant address. The applicant should check with their local Post Office for undeliverable mail." 

Interestingly, 
- the website was never update and site is still showing as pending.
- Cannot find copy in local post office.
- Attorney got the receipt copy so he should get the approval

Finally 
------Attorney's advice is either file I-824 or go for Stamping. Current I-824 process is near to 1 year. So his advice is for stamping.

My question

- Do we both need to go for stamping or Can I send only my wife for Stamping ?

[pontevecchio]

She can go and get the H4 visa.

[pkumarbi1]

Thanks for the reply.

What will happen to the current pending one ( from USCIS website it shows as pending )  or approved one ( through congressman's help we got info as approved but not approval copy) ?

Finally, we don't have copy of approved one. So can she can attend the interview as new or ext or ....?

Is it as a new H4 or do we go with ...?? So confused on the next steps.

 

 

[Vips1982]

3 hours ago, pkumarbi1 said:

Thanks for the reply.

What will happen to the current pending one ( from USCIS website it shows as pending )  or approved one ( through congressman's help we got info as approved but not approval copy) ?

Finally, we don't have copy of approved one. So can she can attend the interview as new or ext or ....?

Is it as a new H4 or do we go with ...?? So confused on the next steps.

 

 

She will get visa based on your H1B approval copy.  H4 application will be  ineligible or abandoned once she renters US with H4 visa stamp and I-94. That was kind of reply I got from my employer's attorney when I had similar situation. 

Also if you notice carefully, all H4 visa stamps are annotated with primary H1B applicant's receipt # even though H4 applicant's has their own receipt number.

 

[pontevecchio]

H4 is ONLY a status based on your valid H1 status. There is no H4 petition as opposed to say an H1 petition. H4 extensions are only status extensions based on your valid H1 status. The current pending extension of status is frankly not something which should concern or involve you. The only way to get a H4 visa is to apply and show proof of marriage and proof of your valid H1 status. She is applying for a H4 visa and the steps are in the consulate site.

[pkumarbi1]

14 hours ago, Vips1982 said:

She will get visa based on your H1B approval copy.  H4 application will be  ineligible or abandoned once she renters US with H4 visa stamp and I-94. That was kind of reply I got from my employer's attorney when I had similar situation. 

Also if you notice carefully, all H4 visa stamps are annotated with primary H1B applicant's receipt # even though H4 applicant's has their own receipt number.

 

In your case, Did you H1B application traveled with you to attend the visa interview ?

or you alone went and got the new visa ?