My H1B extension was approved recently, but my wife’s H-4 extension is still pending. She now needs to travel to India. Can she apply for an H-4 visa now? Or does she need to wait for the USCIS to approve the H-4 extension?
02 Jun 2022
Posted at 07:11h
in Consulates, FAQs, For Families, For Individuals, Nonimmigrant Family, Travel, Worker
Answer
Normally, there is no need to wait for an I-539 to be approved in order to apply for an H-4 visa at a consulate. If the applicant can show that the principal spouse is in valid H1B status, the consulate typically has the authority to issue the H-4 visa. (01.Jun.2022)
Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.
Copyright © 2022, MURTHY LAW FIRM. All Rights Reserved