H4 visa extension

[americandesimd]

Hello Friends,

 

My wife and I, when we came to USA in May 2014 we had stamps in our passport from our previous employer which was not expired. My new employer never applied for her H4 extension. However I had extended our I 94's at the US customs office in USA at the Dulles airport just few months back. Her I 94 is expiring next year in Aug 2016.

 

What is the best course of further action for me?

Shall I ask my Employer to file for her h4  extension now? or shall I go to India or any other country and get our visas stamped?

 

If I do her h4 extension now, are there any issues/blockers I can anticipate?

I don't want to be in a situation when I go for stamping and they deny her visa because of her current situation

 

Please advise.

 

Thanks.

 

[jairichi]

Based on your H1B status i.e. petition & I94 your spouse can file an EOS using form I539, supporting documents and fee.

[americandesimd]

Based on your H1B status i.e. petition & I94 your spouse can file an EOS using form I539, supporting documents and fee.

 

Thanks.

I am planning to get her visa stamped in the last week of Jan 2016 in India. Are there any issues for getting her passport stamped since her passport expiry is 6th Aug 2016? does US embassy require more validity to stamp the visa?

[jairichi]

Thanks.

I am planning to get her visa stamped in the last week of Jan 2016 in India. Are there any issues for getting her passport stamped since her passport expiry is 6th Aug 2016? does US embassy require more validity to stamp the visa?

Minimum 6 months passport validity for visa stamping. On entry she will get I94 till passport validity. Get her passport renewed before stamping.

[americandesimd]

Minimum 6 months passport validity for visa stamping. On entry she will get I94 till passport validity. Get her passport renewed before stamping.

Thanks. The issue is I don't have her extension document. my employer never filed for one. DC Embassy is not renewing her passport and asking for extension document. Thus taking this route. 

On the other hand I am also now thinking of postponing my India trip. thinking of filing her extension next year, get the proper documents, renew passport and then travel India for stamping. her current passport and I 94 are expiring Aug 2016.