H4 Stamping with 3 months left on petition

[sheode]

Hello Folks

Me and my wife are currently in US on H1-H4 respectively. We have I797 valid till 27JUN2012.

My wife want to go to India next month and go for stamping as I changed Employers we don't have Valid Visa's.

1.> Will my wife be denied/have problems with H4 stamping if she has only 3 months left on the petition?

2.> I am in the process of filing my extension, Should she wait and go for stamping with her current I797 and receipt of my Extension?

3.> Or should she not go now (She has to attend a wedding, and won't go only if there is a strong chance that she won't get a stamp to come back) and go only when I have a approved extension.

Appreciate the responses

Rahul

[pontevecchio]

When does her existing H4 visa expire?

[Chitown01]

1. No

2. Doesnt matter

3. Doesnt matter

[sheode]

Thanks Chitown01!

@Pontevecchio,

Her H4 also expires on 27JUN2012

[pontevecchio]

1. She will need the H1 petition of the company you are working for in order to get the H4 visa and also to return. Your post is not very clear.

[sshahab2008]

If you are working in EVC, it is tough to get even H4 Visa.. Chance are she will be stuck with something or other.. if all documents available then consulate will say they want administrative processing..

[sheode]

Apologies about lack of clarity in my post!

From what i've read I think i am in the EC model, My company (Big Desi IT company) is a tier 1 service provider to the US client.

Paper work I believe won't be a problem as my company will be handling the entire process. My only concern is whether having just 3 months left of an approved petition at time of stamping is grounds for rejection.

[swaram]

Attending the visa with a petition which has 3 months left is not an issue. My wife got her H4 stamped with 3 months left on approved petition.