H4 Stamping while H1B extension is in progress

[Simran Ji]

Hi,

I am on H1B visa and applied for extension in March 2018 and decision is expected to come within 1-2 weeks. Since, there is a possibility for denial, and in that case if I go to back to India and wants to come to USA on H4 Visa, I need your advise on below.

[ Situation : My husband is on H1B visa, his 797 is valid until Dec 28, 2018 and extension has been filed with USCIS this week.]

Q1) Can I go for H4 stamping in India based on my husband's current 797 (Expiring Dec 28, 2018). By the time it would be around mid-December.
Q2) If my decision comes little late and by the time his 797 expires, is is possible to get H4 stamping based on his H1b extension which is in progress.

 

Thanks & Regards

Simran Ji

[pontevecchio]

1. It is possible and if you explain that you will be filing an extension based on your husbands pending H1 extension, they may give you the visa but only till December,28 and so will be the I94 on entry. You need to file an extension of H4 status as soon as you arrive, based on the pending H1 petition of your spouse.

2. No