H1B/H4 extension while out of USA

Hi

Short background:
I am H1B and my wife H4.
I am in my 6th year of H1B that will expire September 2013.
I am curently in process of AOS with I-140 approved back in 2009.

Here is the question:
My wife (H4) will go back in our country next week and depending of multiple factors things she maybe need to stay there until Aug 2013.

Can we apply for H4 extension while she is out of country or we need to do consular processing and she need to go for an interview to the consulate?

She will need to go for stamping anyhow because the current H1B extension was never stamped. If she go to the consulate can they stamp the new visa that will be good until 2016? Or they need to stamp first the current visa and just at the end of September 2013 she can stamp for the new visa?

Thank You for all your responses!!!!!

Anybody???? Guru's?

Thank You

isantem - assuming she has AP valid through Aug 2013 when she returns - IMHO she doesn't need to stamp anything while in India.

Also her H4 ext can be filed and sanctioned while she is in India.

p.s - Just in case she does want to stamp H4, there is a possibility that US embassy is now allowing H4 stampings through mail. Check out the US consulates in India.

Quote:

---

Originally Posted by isantem

Hi

Short background:
I am H1B and my wife H4.
I am in my 6th year of H1B that will expire September 2013.
I am curently in process of AOS with I-140 approved back in 2009.

Here is the question:
My wife (H4) will go back in our country next week and depending of multiple factors things she maybe need to stay there until Aug 2013.

Can we apply for H4 extension while she is out of country or we need to do consular processing and she need to go for an interview to the consulate?

She will need to go for stamping anyhow because the current H1B extension was never stamped. If she go to the consulate can they stamp the new visa that will be good until 2016? Or they need to stamp first the current visa and just at the end of September 2013 she can stamp for the new visa?

Thank You for all your responses!!!!!

---

Q we don't have AP.....

I am very confident that she will be eligible for h4 regardless of her location as long as the h1 extension is granted.
Then stamping in passport will be required - in person or through mail I am not sure. All the best.

Quote:

---

Originally Posted by isantem

Q we don't have AP.....

---

I am very confident that she will be eligible for h4 regardless of her location as long as the h1 extension is granted.
Then stamping in passport will be required - in person or through mail I am not sure. All the best.

Quote:

---

Originally Posted by isantem

Q we don't have AP.....

---

PS why don't u get an Ap before she leaves.

Quote:

---

Originally Posted by isantem

Hi

Short background:
I am H1B and my wife H4.
I am in my 6th year of H1B that will expire September 2013.
I am curently in process of AOS with I-140 approved back in 2009.

Here is the question:
My wife (H4) will go back in our country next week and depending of multiple factors things she maybe need to stay there until Aug 2013.

Can we apply for H4 extension while she is out of country or we need to do consular processing and she need to go for an interview to the consulate?

She will need to go for stamping anyhow because the current H1B extension was never stamped. If she go to the consulate can they stamp the new visa that will be good until 2016? Or they need to stamp first the current visa and just at the end of September 2013 she can stamp for the new visa?

Thank You for all your responses!!!!!

---

Not really my area, but some thoughts anyway. Please ignore them if you wish.

If your wife is leaving the USA anyway, I am not sure what the value of an H4 extension approved after she left would be. She can never use the I-94 and needs a visa from the Consulate to be re-admitted to the USA.

I think what she probably needs for the Consulate, is a copy of your H1B extension approval.

With that she should be able to request an H4 visa until the the expiry of the extension (or maximum time available if applicable).

I know there have been some recent changes in India for those that can be waived from an interview. I believe that now includes H4, so she may not have to face an interview. Please check this yourself.

Good luck.