Need to Travel to INDIA , My H1B Extension Approved, But Wife's H4 Extension is pending for last 5 months

[nikanand]

Hi

My Company Filled my H1B Extension and my Wife's H4 Extension around the same time.

My H1B was approved. within a month.

But my Wife's H4 Extension is in a pending state for the last 5 months Now.

 

Now, What is my options if we Want to travel to India.

I can get my H1B Visa stamping done (maybe via Dropbox). 

But For Her H4 (as it's in a pending state), what happens if she goes to India?

Do I need to apply again from India for a new H4 in India or the application that is in a pending state, still valid?

 

If I can apply again in India for H4, and That's approved and visa stamping is done. -> What happens to the Old Application? 

 

 

 

[rksingh]

If your wife leaves for India, her pending H4 extension application will be deemed abondoned.

She can then apply for a fresh H4 visa stamp in India based on your approved H1B. She will then enter US and will be given H4 status upto the same date as your H1B. ***The old H4 extension application will not have any bearing in this situation.

[Zodiac System]

On 12/17/2020 at 3:50 PM, nikanand said:

Hi

My Company Filled my H1B Extension and my Wife's H4 Extension around the same time.

My H1B was approved. within a month.

But my Wife's H4 Extension is in a pending state for the last 5 months Now.

 

Now, What is my options if we Want to travel to India.

I can get my H1B Visa stamping done (maybe via Dropbox). 

But For Her H4 (as it's in a pending state), what happens if she goes to India?

Do I need to apply again from India for a new H4 in India or the application that is in a pending state, still valid?

 

If I can apply again in India for H4, and That's approved and visa stamping is done. -> What happens to the Old Application? 

 

 

 

Your wife should be able to go for stamping with your H1b approval and paystubs and get a H4 visa stamp on her passport.  

[02112018]

You will be fine if you get stamping by dropbox but I dont think you can duplicate h4 filing again.

what happens if she goes to India? she has to wait until h4 gets approved and go to stamping and come to u.s

[ashhokbl]

Hello, I am in a similar situation. Did you get the answer to the query ? 

[pontevecchio]

H4 is a status and has no petition involved. A person gets a H4 visa based on the spouses valid H1 status and then comes over with the visa and gets an I94 stay till the H1 petition expiry.