H1B stamping, while spouse in the USA on H4


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Hello All:

I am planning to go for my H1B stamping in India. My wife has a valid I-94 (and also a valid H4 visa) for 2 more years. Can my wife stay in the USA while I go for H1B stamping in India. I know that she will be out of status if my visa gets rejected, but if I get RFE, then is she in legal status?

Did any one experience this situation? What is the best way to answer this question - "Is your wife travelling with you to the USA?"

Thanks in advance!!

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Hi invisibleman12 , I also had same question and checked with my attorney. They said as long as principal applicant continue to be pursuant to current employer H1B visa petition and spouse holds a valid I-94, there should be no issue with her remaining in the US while principal applicant in out of country. 

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I am not an export but I think if your visa gets rejected she will be still in valid status since you have valid petition. Her status will expire only when your petition is revoked. VISA is just a re-entry permit to US when you go out of US. Please contact your Employer regarding this.

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