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Question
My last H4 visa was stamped till April 2010. But I have extension filed by my husband's employer till Dec 2011. In dec 2009 I applied for H1B visa under premium processing through my husband's employer. After an RFE received in Jan and answered promptly I received H1B approval with I-94 in first week of feb 2010. I did not join my employer as I had to visit India for unavoidable reasons. I left US in last week of Feb 2010. I went for H1B stamping in April 2010 and received 221(g). Its been over a month now since i submitted the relevant documents(tax reports, W2's, state wage reports etc.) and I want to know if I can go for H4 stamping.
Will I face any problem due the fact that both my H1 and H4 are from the same company?

Answer
Hi,


It should be OK to apply for H4 visa stamp at the Consulate. Incidentally, please note that H4 extensions, etc. are not made by the employer, as the H4 application filed with the USCIS is always directly filed by the applicant. The employer's signature is not required anywhere on the H4 application.

The Consulate will ask about whether your husband is maintaining his H1B status with the company, prior to issuing you H4 visa stamp.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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