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Old 05-15-2010, 07:29 PM
chikusri chikusri is offline
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Post Is Primary applicant H-1 Valid Visa required for dependant's H-4 stamping?

Dear All:
I am currently in my 7th year on H-1B (with I-140 approved) and my H-1B Visa expired a year ago and my current I-94 valid until next 2 years (same case for my dependants).

I am switching my employer now and my family is planning to goto India and when they go for visa stamping through my new employer - do you think they will get into the trouble because my visa (with old employer) is already expired?

And FYI - myself/my fmaily already had US Visas stamped for atleast 4-5times already in the past through various employers.
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  #2  
Old 05-15-2010, 09:39 PM
raysaikat raysaikat is offline
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Originally Posted by chikusri View Post
Dear All:
I am currently in my 7th year on H-1B (with I-140 approved) and my H-1B Visa expired a year ago and my current I-94 valid until next 2 years (same case for my dependants).

I am switching my employer now and my family is planning to goto India and when they go for visa stamping through my new employer - do you think they will get into the trouble because my visa (with old employer) is already expired?

And FYI - myself/my fmaily already had US Visas stamped for atleast 4-5times already in the past through various employers.
The primary applicant's H1-B status must be valid for the dependent to get H-4 VISA stamp. The primary's own VISA stamp is not an issue.
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Old 05-15-2010, 10:42 PM
kondur_007 kondur_007 is offline
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Originally Posted by raysaikat View Post
The primary applicant's H1-B status must be valid for the dependent to get H-4 VISA stamp. The primary's own VISA stamp is not an issue.
I second that.

As long as your H1 "status" is valid (I 94 is not expired and you are working for H1 job at the employer that is mentioned on I 94), your family members will only need copy of your approved H1 (form 797 with attached unexpired I 94). They will get their visa without much problem.

Good luck.
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PERM filed: Feb 2008 Chicago Processing Center
PERM approved: March 2008
I 140 filed: April 2008 Nebraska Service Center
I 140 approved: Sep 2008 Nebraska Service Center
EB1A: I 140 filed: July 2009. Approved 12/09
EB2 NIW: I 140 filed: July 2009. Approved 12/09
I-485 filed Dec 2009
I-485 approved April 2010
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