H4 out of status

[dlenka]

Hi friends - I got my H1 extension this year for a year however I forgot to file H4 extension for my wife.

I thought my I797 should be fine. now I got to know she also needs an h4 extension. We are planning to go India for stamping. 

Will that cause an issue for her h4 stamping because it's more than 2 months she is out of status in US.

Please suggest what would be be the best thing to do now. Atttorney says she can go for stamping. I am confused what to do. Please help.

Thanks,

[pontevecchio]

She can and should be going for stamping. Why would you think your Lawyer is lying to you?

[Suyamba]

Hi friends - I got my H1 extension this year before 6 months my son  H4 extension application  is still in pending status

he cant stay more than 240 days without approval, so  We are planning to go India for stamping. 

Will that cause an issue for hish4 stamping because already one pending application is thr with USCIS on his name.

Please suggest is it possible to apply dependent visa for him based on my  I-797 or do I need to wait until I get result for the existing petition which is pending with USCIS?

Thanks,

[ikiranp]

Hi @Suyamba

I am in same situation. My Wife's I94 expired since 15 days and attorney has advised to leave country and get it stamped or else file nunc pro tun file with supporting document. 

Please share your experience, how was your stamping experience at Mumbai consulate.