H4 Visa Stamping without H1B Holder Valid Visa

[srivenk82]

Hi,

I wanted to understand for H4 Stamping is it mandatory for H1 to have valid visa. I have I797 Validity till 8th April 2021 but my visa has expired. My wife is in India on H4 and is planning to get her visa stamped. Last time when she had gone for visa stamping to Mexico (October 9th 2018 )she got visa validity only till my visa validity period but not till my I-797 Validity and was told primary applicant visa should be valid. Next time primary applicant needs to get visa stamped for her to get visa stamped.

Appreciate your inputs.

[User099]

Honestly I have not heard of such a rule. You get generally get H4 visa stamped till the validity of spouse I797 regardless of spouse visa.

[shekar11#]

On 11/5/2019 at 12:35 PM, srivenk82 said:

Hi,

I wanted to understand for H4 Stamping is it mandatory for H1 to have valid visa. I have I797 Validity till 8th April 2021 but my visa has expired. My wife is in India on H4 and is planning to get her visa stamped. Last time when she had gone for visa stamping to Mexico (October 9th 2018 )she got visa validity only till my visa validity period but not till my I-797 Validity and was told primary applicant visa should be valid. Next time primary applicant needs to get visa stamped for her to get visa stamped.

Appreciate your inputs.

It is not mandatory. Lot of H-4's go for stamping while their primary H-1's are still in US without visa stamp.

Edited November 7, 2019 by shekar11#