H1B Extension

[skumar96]

Hello All,
i am on valid H1B visa and my wife is on H4, my visa is going to expire on September 2012. I have got it stamped in Chennai but my home town is Kolkata, because i was working in Bangalore so i went to Chennai.
My company is going to do an extension of my H1B, but the question is after the extension i will be getting a new I797 and a new I94(correct me if i am wrong) but what about my visa stamping, can it be done in the USA or do i have to go to India and do it there. Me and my wife are planning to go to India in December, so do we have to go to a consulate for re stamping. What is the procedure.
Please help.

Thanks
Sapan

[shervin143]

Visa is only an entry document to U.S. When the H1B/H4 extension is filed, the approval (if approved) will come with a new extended I-94 which will allow you to legally stay in the country. A valid visa is not required to stay in U.S. You need a valid visa to be present in the passport only when you want to enter U.S to show at the POE. So once you have left U.S (you should return all the I-94 that you at the airport when you leave the country) you need to have a valid H1B/H4 visa in the passport to return back in H1B/H4 status. If you don't have a valid visa, then you need to schedule the visa interview at the U.S consulate to get them satmped based on yourr extended approval notice. The procedire to get the visa stamped is same as what you did the first time. You cannot get visa stamped inside U.S.

[skumar96]

Thank you very much.

[skumar96]

Hello,
i need one more help, what are the documents needed when i go for re stamping of my H1B VISA after i get an extension. Can anyone please list the documents i required when i go for the re stamping.

Thanks
Sapan

[shervin143]

https://www.immihelp.com/h1-visa-stamping-documents/

Hello,
i need one more help, what are the documents needed when i go for re stamping of my H1B VISA after i get an extension. Can anyone please list the documents i required when i go for the re stamping.

Thanks
Sapan

[skumar96]

Hello,
i have one last question. what type os visa should a green card holder should apply for his spouse and children. I mean to say if i get green card then what type of visa should i apply for my wife and children if i want them to stay with me here in the USA. I have not applied green card for them.

Thanks

[shervin143]

You cannot bring them in dependent visa since you will no longer be a visa holder once you get your GC. The only option that I am aware of is to bring you wife in a work visa (You need to find a sponsor who can process her H1B). Your wife should work and get paid to maintain her H1B status. Your children can be included as dependents of your wife's H1B. Getting a B2 is alos an option. But B2 is for tourism and they cannot stay for more than 6 months in a stretch. It is never a good idea to file I-485 without including your dependents. Do consult an immigration attorney.

Hello,
i have one last question. what type os visa should a green card holder should apply for his spouse and children. I mean to say if i get green card then what type of visa should i apply for my wife and children if i want them to stay with me here in the USA. I have not applied green card for them.

Thanks

[Shailesh Kumar]

Related answer

I don't agree with the answer by shervin143

[raghvi]

I don't agree with the answer by shervin143
Please refer to the folling link :

I dont see the point that you are trying to make. Please post your query and it will help to set the context.

Also, avoid posting non official links.

This is my opinion not legal advice.