H1B and H4 Extension Help


dkshah

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Hello everyone, Please help me with below information 

I am currently working on H1B VISA and my wife is on dependent VISA H4. My first 3 years H1B expired on Dec 31 2013. (Date on I-94 is Jan 10 2014 and Stamping on passport is till Dec 31 2013) 

Dependent:(Wife) H4 expired on Dec 31 2013. (Date on I-94 is Jan 10 2014 and Stamping on passport is till Dec 31 2013) 

I didn't apply for my H1 and H4 extension yet. 

My wife has to travel to India for few months. (I will not be travelling) She will be back to US in end of November 2013. 

Can my wife (dependent H4 visa) travel to India? 

Is there any problem when she come back with only 1 month visa left? 

Can I apply for my wife H4 extension while she is not in USA or do I have to wait for her to come back to USA and then apply? 

Please advise. 

Thank you

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Hello everyone, Please help me with below information 

I am currently working on H1B VISA and my wife is on dependent VISA H4. My first 3 years H1B expired on Dec 31 2013. (Date on I-94 is Jan 10 2014 and Stamping on passport is till Dec 31 2013) 

Dependent:(Wife) H4 expired on Dec 31 2013. (Date on I-94 is Jan 10 2014 and Stamping on passport is till Dec 31 2013) 

I didn't apply for my H1 and H4 extension yet. 

My wife has to travel to India for few months. (I will not be travelling) She will be back to US in end of November 2013. 

Can my wife (dependent H4 visa) travel to India? 

Is there any problem when she come back with only 1 month visa left? 

Can I apply for my wife H4 extension while she is not in USA or do I have to wait for her to come back to USA and then apply? 

Please advise. 

Thank you

Yes she can travel and re-enter with 1 month left in her visa. She could apply for extension when she is in India. But, speak to your employer's attorney

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  • 5 weeks later...

Dkshah, what did your lawyer said about extending H4 when H4 dependent is not in USA.

 

Can we extend H4 while H4 dependent is out of USA? Wont there be confusion about I94 while waiting for the result if the H4 dependent is back to USA before expiry of H4 visa and result of H4 extension?

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