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abhipsasahu
02-18-2014, 03:23 PM
Hi
Currently I'm on H4 in New York. My husband who is on H1b recently got a visa extension for 1 1/2 years. He plans to go to India this May and get it stamped. Is it mandatory for me to go for the stamping too? What would be consequences if I stay back here & his visa gets/ doesn't get stamped there?

sac-r-ten
02-19-2014, 09:11 AM
please note that your visa is dependent on your spouse's H1B. so when you say he got 1.5yrs of extension, that mean your H4 should have been extended for that period as well.

Now, for you question on travelling with him for stamping, no, its not required to travel. As long as your visa (extension with new I539 notice) is valid you can stay back.

If for some reason, your spouse's stamping gets delayed, then as well you can stay in US as long as your visa is valid. The day your visa expires, and your husband is still not able to get back to US, you need to leave US. Actually its advisable to return back to US 1 month prior to your I797 petition expires, so that the extension is filed in a timely manager, or else you can have trouble/more checks at Port of Entry.

Also, in case if his case is denied/revoked during stamping, then also your visa becomes void, as its dependent on his petition. But i am not sure if there any grace period to leave the country if void-ing happens.

good luck

ashkam
02-19-2014, 10:32 AM
Contrary to what the previous poster says, there is no such thing as "automatic H4 extension". If your previous H4 is expiring / expired or your previous I-94 is expiring / expired and you don't want to go with your husband to get a new H4 stamped, you should then get your H4 extended based on his H1B. You can do it without leaving the states. You cannot travel outside while it is being processed or it will be voided. It could take up to 6 months to be approved. The fastest route is to accompany your husband for a stamping. The safest route is to apply for an extension in the US.

AceMan
02-19-2014, 11:46 AM
You can file it yourself based on your spouses H1 approval

sac-r-ten
02-19-2014, 12:51 PM
Contrary to what the previous poster says, there is no such thing as "automatic H4 extension". If your previous H4 is expiring / expired or your previous I-94 is expiring / expired and you don't want to go with your husband to get a new H4 stamped, you should then get your H4 extended based on his H1B. You can do it without leaving the states. You cannot travel outside while it is being processed or it will be voided. It could take up to 6 months to be approved. The fastest route is to accompany your husband for a stamping. The safest route is to apply for an extension in the US.

i never mentioned, its 'automatic', i said you should have extended H4 when H1B was extended.