H4 Visa Renewal during COVID19

[Deepak Prakash]

Hi

I am a H-1B visa holder with an approved I-140 -my current I-797/H-1B visa(plus my wifes H4-no EAD) expires September 2020. I recently filed for H1B renewal with my employer - when I have done this in the past, usually I apply for both my H-1B and my wife's H4 visa renewal together. However this time my wife is still stuck in India due to COVID and my attorneys told me that they cannot file for her H4 renewal since she is not physically in the US. I went ahead and filed my H-1B renewal alone and now got it approved till September 2023. But my wife's H4 visa is still expiring September 2020 as of today.

1) I cannot readily find in USCIS website where it says we cannot file for H4 renewal- can someone point me to it? and confirm if thats true? So is there any way to file for H4 renewal though she is not in the US?

2) My wife does have valid I-797 and visa stamp until September 2020. Given yesterdays executive order, does that mean that she can still enter the US with her current visa before sep 2020? What happens if she cannot enter US before september due to COVID?

[User099]

1. This is true

2. If she can't travel before Sept, she will have to wait for the ban to be lifted and get a visa at the consulate and travel. She doesn't need H4 extension for going for stamping, she can use you H1 approval notice for stamping.