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Immigration Issues/US tourist visa or H4 visa for wife

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Question
Hi Ajay,
I currently work in US under H1B visa. My visa is getting expired in April. I got married in last december. However my wife is expected to get her passport in middle of Feb.
1. If I apply for a dependent visa in March, will it be approved?
2. Do I have to apply for my visa extension first?
3. Considering the above delays, can I bring my wife here under tourist visa and once My visa gets extended, I will apply for dependent visa.

I am in a desparate situation as I left to US immediately after my marriage and would like to bring my wife here at the earliest.

thanks for your reply,
Vadivel

Answer
Hi,

There is no H4 application to be filed with the USCIS as your wife is not currently in the U.S.

She should apply directly for H4 visa stamp at the nearest U.S. Consulate once she receives her passport. You are not required to apply for your H1B extension with the USCIS before your wife applies for H4 visa stamp, but the Consulate will issue her H4 visa stamp only until the expiration date of your current H1B visa status (April). When your wife enters the U.S. prior to expiration of H4 visa stamp, she can file for application to extend her H4 status based on your H1B extension (or H1B and H4 extensions can be filed together).

The Consulate is unlikely to issue your wife visitor visa stamp...the Consulate will issue your wife only H4 visa stamp.

Immigration Issues

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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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