QUESTION
H4 RFE I had H1B from previous employer valid till Aug 2017 and my wife has H4 valid till Aug 2017.
Asked on Nov 02nd, 2016 on Immigration - New Jersey
More details to this question:
On 21st October 2015 I filled H1 transfer. and didnt receive any update from USCIS till 1st week of October 2016. so I converted my application to Premium processing. I received answer on Oct 8th 2016 with H1B approval and no response for H4. On Oct 28th 2016 H4 status got updated to RFE (USCIS requested my pay statements). My wife is planning to travel to INDIA on Nov 27th and returning to USA on Feb 9th. I have few questions: 1) Does my wife need to go for stamping when she go to India? (Her current H4 visa expires in August 2017) 2) If I go to India in January and apply for stamping, can I include my wife for stamping without having approved H4 from my current employer? – Do we need to withdraw her current application prior to including her for stamping or I can just include her without withdrawing application? 3) If she doesn’t go for stamping she can get extension at port of entry just by presenting my H1 copy and her Visa?
1 ANSWER
1. Not unless she plans to return after August 2017.
2. Your wife can go for stamping if you'd like but it does not appear necessary. You should not withdraw her pending request. Rather, you should file an RFE response ASAP.
3. Your wife will be given an I-94 with a maximum stay that is equivalent to yours unless her passport is expiring before the H-1B expiration.
Answered on Nov 04th, 2016 at 3:32 AM