vidya1234 Posted August 16, 2015 Report Posted August 16, 2015 Hi friends, Need your valuable suggestions. I am in H4 visa and have an emergency to go to India for few reasons in next week and come back by 15sep2015. i've summarized the information about the visa Married in Aug2013 * H4 Stamping issued for company A - Sep2013 (It is valid till Dec2014) * Travelled to USA in SEP2013 * My husband Changed to employer B- Jul2014 * Employer B Petition is valid till - 23OCT2015 * H4 Extension - received approved I797 till 23OCT2015 * My husband & Myself have only Employer A visa stamps which are expired now. (DEC2014) * My husband will apply for H1 & H4 Extensions with current employer B once i come back in 15sep2015 * Myself applied h1b in april2015 n picked in lottery. present status is RFE to respnd by 08oct2015. Requeted employer to respond for an RFE once i come back in 15SEP2015 Please answer my below questions : 1)Would there be any problem for my H4 stamping since my husband dont have new employer stamping? 2)Would the visa officer has any problem in giving the visa for only 2 months? Are there any other things which i need to think Appreciate for your help and advance thanks for any inputs.
pontevecchio Posted August 17, 2015 Report Posted August 17, 2015 H4 visa and status are NOT employer dependent. They are based on the valid H1 status of your spouse. It does not matter if he has a visa or not. If your spouse has stubs , etc. then you will get a H4 visa. No need to postpone any RFE reply.
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