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Can we go for H4 stamping even h1B is valid for 10 days

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  • Can we go for H4 stamping even h1B is valid for 10 days

    I wonder should i send my kid for h4 stamping with my old h1B visa which is valid only 10 days from stamping date or shall i wait for my h1b renewal to come before taking appointment.
    need advice before taking appointment.
    Appreciate all the help.

  • #2
    What is the point in getting a visa only for 10 days? Even if they travel within the 10 days, there are chances that they might get the I-94 only till the visa expiry date. It is advisable to get the petition renewed and they get the visa stamped.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Thanks for the reply.
      I applied for my h1b renewal in premium and just now got receipt no.
      Actually myself and my wife applied for 485 , ead and ap and hot ead and ap. But my wife can't use ap as she left to india while ap is pending.we got kid in india and we want to include kid on my pending 485 .
      Btw you do aware that once they are here on h4 we can apply for extension from USA using my latest h1b.time is the matter here as 485 can be approved any time at current pace.

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      • #4
        Visa will expire with the petition. They can travel up to Visa expiry date. I-94 will be given according to petition expiry date. Extension must be filed before I-94 expires. If you think all this can be done in 10 days, go ahead. If not, wait for the extension petition to get approved.
        This is my opinion and not legal advice.

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        • #5
          Thanks kabkaba. Just now I got my receipt no for my H1B premium . we are planning to take appointment based on that new h1b receipt no and hoping that it will get approved before stamping date.

          My employer says he need minimum 3 days to apply for H4 extension once they are here in USA. If they are taking new H1B approval copy with them,mostly POE will give I-94 till that date.

          Only stamping is the only concern now.Any problems you foresee for Kid's h4 stamping. I don't want to send my wife for stamping as she got valid visa till Jan End.
          I got EAD and AP.will it be a plus point to consulate officer or it doesn't matter?Can we tell them that we need to add kid to my 485 which is inprocess and can be approved any time or will it raise unnecessary flags like why don't you have kid in USA.Due to emergency we had to have give birth to kid in india.

          Thanks again.

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          • #6
            Well, you seem to have figured everything out. Don't really see a question here.

            I hope the approval notice does indeed come before their interview. I would have waited until I had it in hand. 15 days for premium does not include time for RFE's and such.
            This is my opinion and not legal advice.

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