btch Posted December 29, 2015 Report Share Posted December 29, 2015 Hi, Me and my wife left to India in October due to some family emergency while our H1B and H4 cases were pending. I returned in November and my wife is still in India. The case was premium processed in December, H1B is approved while H4 is denied stating that the beneficiary must be physically present in order to get the extension. Should we file an MTR? What are the options we have here. Thanks for any inputs Link to comment
jairichi Posted December 29, 2015 Report Share Posted December 29, 2015 Let your spouse enter with a valid H4 visa and a copy of your new I797. Link to comment
rahul412 Posted December 29, 2015 Report Share Posted December 29, 2015 No need of MTR, tell her to attend H4 VISA interview and she is good to go. Link to comment
pontevecchio Posted December 29, 2015 Report Share Posted December 29, 2015 All she needs to return is a H4 visa and your H1 petition approval of December. FYI nothing called H4 petition per se. Her status is based on your valid H1 status. Link to comment
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