H4 stamping after H1-B passport renewal

[meprat]

Here's my situation:
I am on a H1-B visa, and my passport expires on 11/23/2016. Because of this, me and my wife (on H4) have got I-94's with an expiration o 11/23/2016. Both of our passports have visa stamped which expired 6/27/2015. We have already received our new I-797As for the H1-B and H4 extensions upto 2018. I have already received my renewed passport till 2026, but it does not have the H1-B stamp (as expected).

My wife needs to travel to India this January. Can my wife get her H4 stamped without me getting an H1-B stamp on my new passport?

Any help on this process will be helpful.

Thanks you.

[raghvi]

Here's my situation:
I am on a H1-B visa, and my passport expires on 11/23/2016. Because of this, me and my wife (on H4) have got I-94's with an expiration o 11/23/2016. Both of our passports have visa stamped which expired 6/27/2015. We have already received our new I-797As for the H1-B and H4 extensions upto 2018. I have already received my renewed passport till 2026, but it does not have the H1-B stamp (as expected).

My wife needs to travel to India this January. Can my wife get her H4 stamped without me getting an H1-B stamp on my new passport?

Any help on this process will be helpful.

Thanks you.

Technically she should be able to without any issues. In extreme rare scenarios where the employer employee relationship may not be clearly established the VO may insist on presence of primary H1.

This is my opinion not legal advice.