H4 stamping when H1B extension is still pending

[Nilesh9999]

Hi,

I have traveled back to India after my H1B visa got maxed out (6 years), but my last H1B i797 extension is still pending with USCIS. Since, wy wife has a valid H1B and is still out there in US so if I need to go back on H4 then do I need to wait for H1B extension approval or I can directly go for visa interview based on wife's i797?

If yes then, can pending i797 cause any complications in my H4 visa interview?

Thanks

[shekar11#]

4 hours ago, Nilesh9999 said:

Hi,

I have traveled back to India after my H1B visa got maxed out (6 years), but my last H1B i797 extension is still pending with USCIS. Since, wy wife has a valid H1B and is still out there in US so if I need to go back on H4 then do I need to wait for H1B extension approval or I can directly go for visa interview based on wife's i797?

If yes then, can pending i797 cause any complications in my H4 visa interview?

Thanks

YOu can directly go for H-4 interview. Should not cause any issues. H-4 is solely dependent on your spouse H-1 credibility.

[Nilesh9999]

Thanks Shekar