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H4 with H1's work permit (without a stamped Visa)

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  • H4 with H1's work permit (without a stamped Visa)

    I'm on a H1B Visa at this time in the US. My Visa expired this past month but I've had my work permit extended with a new company that expires in another 3 years. But as of now, the Visa on my passport has an expiry date in the past since my extended work permit is not stamped yet. I plan to get it stamped on my visit to my home country next month.

    However, my spouse's H4 interview is set to happen later this month (before my stamping date). Would she be okay explaining in her interview that I'm maintaining a valid status with a valid work permit but just without a stamped Visa? That is, is it appropriate to show them a copy of my passport/Visa (expired) along with the valid work permit (I797) and explain them the situation? Or will she have problems getting her H4 Visa stamped?

  • #2
    Originally posted by mystarrocks View Post
    I'm on a H1B Visa at this time in the US. My Visa expired this past month but I've had my work permit extended with a new company that expires in another 3 years. But as of now, the Visa on my passport has an expiry date in the past since my extended work permit is not stamped yet. I plan to get it stamped on my visit to my home country next month.

    However, my spouse's H4 interview is set to happen later this month (before my stamping date). Would she be okay explaining in her interview that I'm maintaining a valid status with a valid work permit but just without a stamped Visa? That is, is it appropriate to show them a copy of my passport/Visa (expired) along with the valid work permit (I797) and explain them the situation? Or will she have problems getting her H4 Visa stamped?
    Most of the time with latest I1797, pay stubs, LCA, marriage certificate, H4 visa is granted.

    This is my opinion not legal advice.

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    • #3
      Originally posted by raghvi View Post
      Most of the time with latest I1797, pay stubs, LCA, marriage certificate, H4 visa is granted.

      This is my opinion not legal advice.
      Thanks, appreciated!

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