H4 restamping questions

[gkr747]

Hello, My family is on H4 and it is about to expire in May 2012 along my H1...they have to go to India and so they plan to attend the stamping there...but usually the H4 approval doc I do not get until 3 or 4 months after expiry and it is way too long they will be stuck in India waiting for H4 document to attend interview..here are my questions

1. does she need the approved extended H4 paper to attend the Interview in India for restamping?

2. can I apply for H4 also in premium processing along with my H1 during extension to get H4 sooner..is it possible?

3. can she simply attend the interview in India with my approved I797 while her H4 is still in process(which takes long time to get the paper)??

pls let me know..thank you

[shervin143]

1. does she need the approved extended H4 paper to attend the Interview in India for restamping?
>>> Not required. If they will leave U.S before their I-94 expiry date, then there is no need to file the H4 extension.

2. can I apply for H4 also in premium processing along with my H1 during extension to get H4 sooner..is it possible?
>>> There is no premium for H4.

3. can she simply attend the interview in India with my approved I797 while her H4 is still in process(which takes long time to get the paper)??
>>> Possible. No need to file H4 extension in such case. She will have to leave the country before her current I-94 expires.

[gkr747]

1. does she need the approved extended H4 paper to attend the Interview in India for restamping?
>>> Not required. If they will leave U.S before their I-94 expiry date, then there is no need to file the H4 extension.

2. can I apply for H4 also in premium processing along with my H1 during extension to get H4 sooner..is it possible?
>>> There is no premium for H4.

3. can she simply attend the interview in India with my approved I797 while her H4 is still in process(which takes long time to get the paper)??
>>> Possible. No need to file H4 extension in such case. She will have to leave the country before her current I-94 expires.

thank you very much for the reply...to sum it up as I understood--->

if she goes to India before I94 expires(which she will), then I need not apply for her extension and she can attend the interview simply with my approved I797 without the need of additional approved H4 doc from the U.S...right?

[shervin143]

That is correct.

thank you very much for the reply...to sum it up as I understood--->

if she goes to India before I94 expires(which she will), then I need not apply for her extension and she can attend the interview simply with my approved I797 without the need of additional approved H4 doc from the U.S...right?