H1, H4 Visa stamping expired, Travel to India on H4 , Going to US embassy

[priyaWA]

Hi Everyone,

I hope I'll get my answers here. Recently in May 2012, My husband started contracting with his employer on H1, before, he used to be a permanent full-time
employee for the previous employers and this current company had already filed his perm labor in EB-2 for Green card. Our priority date was Sep 5th 2007
in EB-3. Now the dates are unavailable for Eb-2. They are saying the dates will be available in Oct, might be current for us. We have valid H1 and H4 extension until Apr 2013 but our visa stamping on it got expired in Nov 2011. So we both haven't traveled out side of US till now. But, I am expecting to travel this Sep sometime before the dates get current. If I go to US embassy on H4 without my husband, will there be any issues as he is contracting now and also he is not with me?

Please advice. Thanks very much for your help in advance.


Regards,
Priya.

[shervin143]

It is hard to say whether there will be any issues during the visa stamping. If your husband is working in multiple layers, then it can be an issue to prove employee-employer relationship. But the chances of these getting validated for a H4 stamping is less compared to H1B stamping. Going for the H4 visa interview without the primary H1B holder is not an issue.

[priyaWA]

Thanks a lot for the information. My husband is in single-layer contract. Hope, I'll have no problem to get all the documentation from them.

Thanks for you reply.

Regards.