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Posted on 07 Apr 2011
Q.

H4 visa stamping with expired H1 visa

Hello,
My wife went to india because of some family emergency, unfortunately her H4 visa was expired and so does my H1 visa on the passport. However we both have new I-797 approved until Sept 2012, I am hearing some bad roumurs that her H4 stamping cannot be done if I don't have a valid H1 stamp on my passport.

Please advise is there any law or written anywhere in the field manual that H4 Stamping cannot be done w/out H1 stamp or is there any truth to this news..I thought H1 stamp is just an entry document to the US where as the actual status of principal applicant is all it matters to USCIS.

I do not want to go for stamping bcoz the last time I faced admin processing for 10 mos when I went for stamping.

Thank you very much for your help.

User's Location: Columbus, Ohio, United States of America
Category: H1B Visa (Work Visa)
Posted on 07 Apr 2011
A.
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Indu Liladhar-Hathi
Immigration Lawyer
Indu Liladhar-Hathi
(408) 453-5335

www.indulaw.com

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