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Hi,
Last time my wife (H4) and I (H1) came to USA in 2008. Our visa expired in 2009. I never went to India after 2008 but have recent I797 valid up to Feb 2013.
We had applied for the H4 visa extension for my wife in June 2011 when she was in USA but before it got approved, she had to go to India so her last extension (June 2011) never got approved.
In India, recently my wife appeared for H4 visa at Mumbai consulate but her visa got rejected. My wife has not understood the reason completely but what she told me is that "I (me) have to appear for my H1 visa in order to get her H4 visa as my visa expired in 2009". The reason I am asked to appear for interview might be because interviewer thought that she was staying illegally in USA since June 2011 (as explained above, her extension was applied but she had to go to India before it got approved)" but my wife did not show them receipt of her extension (June 2011).
My question is: Can one appear for H4 visa if principal applicant's(H1) has visa expired but has valid I-797?
Any suggestions in my case? Should I go to India for my visa stamp or have my wife go for interview and explain them that we had applied for her extension which did not get approved because she left to India in between.
Thank you
Last time my wife (H4) and I (H1) came to USA in 2008. Our visa expired in 2009. I never went to India after 2008 but have recent I797 valid up to Feb 2013.
We had applied for the H4 visa extension for my wife in June 2011 when she was in USA but before it got approved, she had to go to India so her last extension (June 2011) never got approved.
In India, recently my wife appeared for H4 visa at Mumbai consulate but her visa got rejected. My wife has not understood the reason completely but what she told me is that "I (me) have to appear for my H1 visa in order to get her H4 visa as my visa expired in 2009". The reason I am asked to appear for interview might be because interviewer thought that she was staying illegally in USA since June 2011 (as explained above, her extension was applied but she had to go to India before it got approved)" but my wife did not show them receipt of her extension (June 2011).
My question is: Can one appear for H4 visa if principal applicant's(H1) has visa expired but has valid I-797?
Any suggestions in my case? Should I go to India for my visa stamp or have my wife go for interview and explain them that we had applied for her extension which did not get approved because she left to India in between.
Thank you
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