H4 Stamping with H1B approval

[srinirakshan]

Hi,

I have applied for H1B extension along with H4 extension in March, then upgraded my case to premium in April. By end of May, Attorney received an update to resubmit my H1B case and USCIS refunded the fee. My attorney suggested that we don't have to do anything with H4 case and its status depends on my case. So we resubmitted H1B case as premium and it was approved yesterday. H4 case status has not changed along with my H1B case. 

When my old case was in processing, I travelled to India with my family. I returned to US before resubmitting the H1B case. My family will be traveling in the first week of July and their old VISA will be expired by then, my attorney told me that my dependents can get stamping done with my petition approval as H4 status depends on H1B status. When I received last extension, approval notice had both H1B & H4 approval with I94.

Could you clarify this for me?

Thanks.

[shekar11#]

On 6/23/2018 at 12:56 PM, srinirakshan said:

Hi,

I have applied for H1B extension along with H4 extension in March, then upgraded my case to premium in April. By end of May, Attorney received an update to resubmit my H1B case and USCIS refunded the fee. My attorney suggested that we don't have to do anything with H4 case and its status depends on my case. So we resubmitted H1B case as premium and it was approved yesterday. H4 case status has not changed along with my H1B case. 

When my old case was in processing, I travelled to India with my family. I returned to US before resubmitting the H1B case. My family will be traveling in the first week of July and their old VISA will be expired by then, my attorney told me that my dependents can get stamping done with my petition approval as H4 status depends on H1B status. When I received last extension, approval notice had both H1B & H4 approval with I94.

Could you clarify this for me?

Thanks.

What your attorney said is right. They can use your H-1 petition and go for visa stamping.