Need to renew Wifes H4, but she is in India

[maverick77]

My wife traveled to India on May 25th and both my H1B and H4 expires on Sept30th. I am renewing my H1B for second time (my I-140 is approved, hence I can renew my H1B for every 3 years) and when I asked about H4 renewal using I-539 and the lawyer said that we cannot do that if she is already out of country. She has to get H4 visa based on approved H1B - I-797.

Here is my dilemma - Is it safe to wait till her current H4 expire and go for H4 renewal in India or ask my wife to come back in August and apply for I-539.

Please help as I am very worried from reading all the H4 rejection posts..

[redgreenbluee]

please consult a lawyer.

YMMV, it should be safe either way as long as you can prove (approval notice, pay stub and supporting documents) that you remain in valid H1 status.

Originally posted by maverick77:

My wife traveled to India on May 25th and both my H1B and H4 expires on Sept30th. I am renewing my H1B for second time (my I-140 is approved, hence I can renew my H1B for every 3 years) and when I asked about H4 renewal using I-539 and the lawyer said that we cannot do that if she is already out of country. She has to get H4 visa based on approved H1B - I-797.

Here is my dilemma - Is it safe to wait till her current H4 expire and go for H4 renewal in India or ask my wife to come back in August and apply for I-539.

Please help as I am very worried from reading all the H4 rejection posts..

[Attorney_13]

Please consult directly with a qualified attorney to discuss your case in detail, including what are the benefits and risks associated with consular processing versus filing a change of status application directly with the USCIS.

Should you file a change of status in the US, then it is best to wait for that approval before another application to change your status to H1B (or any other nonimmigrant status) is filed.

[chsrchsr]

Hi

I was also in same boat like your wife..last year i came to india and my husband's H1 expires in april 2011.He applied for extension in march and it was approved(both i-140 and 3 yrs extension).so i went to consulate on 17th june 2011,and i got stamped and within 4 days i got the stamped passport too.i was staying in india more than one year.i notice in my case that VO checked my husbands h1 details were updated in PIMS database or not(it was updated i could see the pims num on hdfc receipt embassy copy where we will submit 4 days prior to inteview date)and also VO saw my 4 years old US born kid.

[maverick77]

Thanks for all your responses. I checked with my attorney and she said it is not very risky either way as I have done my MS in US and worked for the same company for the past 6 years. I am planning to get my approval and travel to India in Oct-11 and get my stamping and my wife's H4 renewed.