H-4 VISA stamping question

[neelu]

Hi,

Having cleared I-140, my husband recently got a three year extension on his H-1 (He is in the final year of his H-1). With him, I got a 3 year extension on my H-4 as well. My current VISA (stamped on my passport) expires in June 2007.

Now I plan on traveling outside the United States.

1. Because my H-4 is extended uptil 2009, do I have to go for stamping even though my passport has a valid VISA?
2. Is there any risk invovled in traveling both for me and my husband at this stage of our GC process (waiting for priority date to file I-485).

Please let us know.

Thank you in advance.

Regards,
Neelu

[logiclife]

when coming back, there should be a valid visa on your passport and it should also be tied to the same H1 and employer on which your spouse is currently working.

However, if you have less than 6 months of visa duration remaining in your visa, its best to get a new stamp. Check the visa consulate offices for this.

These days, its not too difficult to obtain a new stamp as wait times for appointment are down to 7-10 days at Mumbai (and probably Delhi). (if you are going ot India, that is).

As long as your 485 is not filed, you should be fine returning on your H1 stamp. Even if your date becomes current while you are in India, but your 485 is not filed, then I dont think there would be trouble getting back in. Just ask your lawyer/employer NOT to file 485 until you are back in the states.

[psethi]

My wife is going to delhi to get her H-4 visa stamped. I want to know if she is required to fill form DS-157 or it is only for men aged between certain age. I checked at various places and most say it that you have to fill DS-157 (if applicable), i dont know what if applicable means. I will appreciate if someone who has applied for a H-4 (female) in india recently let me know if they had to fill this form.

[psethi]

can someone reply

[logiclife]

If the instructions on the form says its for "Males between ages X and Y", then its APPLICABLE only for males between ages X and Y and not applicable to your wife. But if it makes you sleep better, fill it out and keep it with you anyways ready for submitting. I dont think you need it for your wife though.

DS 157 is an additional form that is a product of 9/11. After 9/11, USCIS created this form to collect additional data from visa seekers for keeping it for future use. According to one lawyer I talked to, they dont have any plans on how to use it and for what...but its collected for security reasons. To find out where you ahve been travelling in the recent years and whether you have been to places that are *Interesting* to homeland security, or if you were in an armed conflict, or if you are trained in chemical, bio or nuclear weapons etc.

I guess that asking only males to fill out an additional form is ridiculous coz it assumes that females are not capable or not likely to be security threat.

[neelu]

Hi logiclife.......

Thank you for your prompt response.