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  1. #1
    Join Date
    Aug 2011
    Posts
    1

    Default H4 Travel While H1 Renewal is Pending

    Hi,

    My sister is holding H-4 visa and my brother-in-law is on H-1 extension which is approved, my sister is planning to come to India to attend my marriage along with her children ( born in US ) and planning to get her H-4 visa stamped. Here my question is

    1) Can my sister go for stamping with my brother-in-law H-1 extension approval?
    2) Do my brother-in-law need to have his visa stamped before my sister go for stamping?
    3) Can my brother-in-law go to Canada/Mexico for his stamping and then my sister go for stamping in India?
    4) Is there any chance she can get stamped because her children are born in US?

    Am getting mixed reaction from my friends and relatives regarding this. Really appreciate if could clarify my doubts as earliest as possible.


    Thanks,
    Siddhartha

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: H4 Travel While H1 Renewal is Pending

    If the H1B extension has been approved and all of the associated paperwork is consistent and in order, I don't expect that there would be an issue with H4 stamping. You state that she's already in H4 status, so as long as she is able to document her continued eligibility for that status I don't anticipate a problem at a port of entry - but she should be absolutely certain that everything is in order with his H1B and associated documentation. Her having children born in the U.S. does not make her H4 any more or less valid, or give her any right to enter the U.S. if the H4 is not valid.

    (As you know, sometimes small details can have significant effects, and I can only work with what you have told me. If in doubt, her best bet is to consult an immigration lawyer.)

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