H1B expiring and H4 stamping -- drawbacks???

[reply2spg]

Hi All,

 

I am new on the forum and seeking some help from experts. My situation is

 

1. I am on H1B and it is going to expire on 16 Sep 2013.

2. I am going to India through my company on 14 Sep 2013.

3. I want to go to Mumbai US embassy for new H4 stamping as soon as I go to India.

4. Based on the H4 I again need to come to US in Jan 2014 and it is must to come for family necessity.

 

My confusion and questions

 

1. Should I file for I-539? I asked the same question to my lawyer and as per him do not file I-539 because it is extension to existing I-94 and if in any case I am going to India then he advised me to go to India and file for H4 there.

2. Keeping my situation intact, will it be advisable to go directly to US consulate in India for H4 stamping or it is better to file for I-539 while I am in US, get the approval notice and then go to consulate for stamping?

3. What should be the good time at which I should file for I-539?

4. If I go directly to consulate will there be any possibility that I can get rejection because I just completed my 6 years on H1 and I am again applying to go to US on dependent visa?

 

Your help and time is highly appreciated.

 

Regards,

Sudhanshu 

[jairichi]

(1) Listen to your lawyer.

 

(2) Go for stamping at US consulate in India

 

(3) Not needed

 

(4) No