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Immigration Issues/Visa Stamping while visiting a country

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Question
My husband changed his status from F1 to H4 here in the US.  USCIS has sent us the approved notice. We would like to travel to China in the summer but we are from the Philippines. Does he need to get an H4 visa in order to re-enter the US? Can we get it in China or do we have to go back to the Philippines for that?

Answer
Hi,

An H4 visa stamp will be required to enter the U.S. Normally a U.S. Consulate in a particular country will provide the visa stamp only if the applicant presently resides in that country, or if it is the applicant's home country. In some instances, application for visa stamping can also be made in Canada: http://canada.usembassy.gov/visas/visas/categories-and-requirements/important-no

Since this appears to only be a visit to China, it is unlikely that a U.S. Consulate in China will issue an H4 visa stamp to your husband.

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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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