H4 re-stamping

[qurashiabrar]

Hi,
I am on H4 and my spouse is on H1B. Our visa expired in Dec 31 2009, However, we got our I-94 extended, and the extension was granted upto Dec 2012. Shortly after, I went back to India alone and my husband stayed back in USA. I am aware that I have to get my visa restamped again if I have to re-enter USA. Since my husband did not be travelled with me, I do not carry his orginal visa extension documents. I carry only my extended I-94 from USCIS . Now, my question are:

1) Can i get my H4 re stamped, while my husband's H1 is expired and he being on I-94 extension? Or my Husband need to re stamp first then I can only re stamp.

2) Do I need to show my Husbands ORGINAL visa extension documents, and extension in I-94 to the consulate officer in New Delhi or I can show only Xerox copies. Since my husband did not be travelled with me, he does not want to take risk by sending the papers through post. Moreover, he might need them aswell if he gets any unforeseen travel.

3) Is there any risk in getting my H4 renewed? If yes, my Husband then plans to come to India, and then we both can together apply for restamp. In this case, he will be carrying all his orginal documents with him as well.

Please advive, many thanks in advance.
Abrar

[shervin143]

1) Can i get my H4 re stamped, while my husband's H1 is expired and he being on I-94 extension? Or my Husband need to re stamp first then I can only re stamp.
>>> Your husband's visa stamping has nothing to do with your visa. His valid H1B petition is what is important. You the answer is, yo can get the visa stamped without him having a valid visa.

2) Do I need to show my Husbands ORGINAL visa extension documents, and extension in I-94 to the consulate officer in New Delhi or I can show only Xerox copies. Since my husband did not be travelled with me, he does not want to take risk by sending the papers through post. Moreover, he might need them aswell if he gets any unforeseen travel.
>>> Original is required. Check the H4 visa list in the "Visas" section of imihelp. I wouldn't take the risk of going with the photo copies. Depending on the VO, you might get a 221g for the original which would delay your travel plans.

3) Is there any risk in getting my H4 renewed? If yes, my Husband then plans to come to India, and then we both can together apply for restamp. In this case, he will be carrying all his orginal documents with him as well.
>>> There will be no issues if you carry all the required documents.