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H4 Visa transfer and Stamping for my daughter

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  • H4 Visa transfer and Stamping for my daughter

    Hi All,
    My Husband's H1b expires on Jun 2012. He is in the extension period. My daughter is currently my husband's dependent and she has a valid H4 visa till Jul 2011. I am in H1b (till 2014). We are planning to go on a vacation to India in Feb 2011. We both have to go for visa stamping in India. Since my husband's H1b period is less when compared to mine, at the time of visa stamping, we prefer to change my daughter's status from my husband's dependent to my dependent. Since she has a valid H4 visa (for 4 months while returning back from India to US), I am not sure whether it will be possible to take her to the consulate with me and change her dependency status. If she cannot go to consulate with me, can my husband take her with him and extend her visa period along with his? Will it be problem to take her to stamping while she has valid H4 visa? In either way we want to extend her visa period while we are in India, before returning to US. Please let me know which will be possible?

    Thanks!

  • #2
    Visa application does not decide which parent your daughter's status is dependent on. (Although expiry will depend on that). She does not have to get a new Visa (but can apply for it).

    Whenever you enter the US, her I-94 will be given according to whichever petition you show to the IO. If you show yours, she will get I-94 up to 2014 else according to husband's petition. Remember her H4 status will be linked to whichever petition you show. If you all go together to the same counter, it will depend on what the IO thinks right.
    This is my opinion and not legal advice.

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