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respected mr robert
i have completed my 6 years with h1 visa ,i have file for labor in 2002,now i am on h4 of my husband who has h1 visa uptill july 2006.he has also fill for labor in april 2004.i would like to know
1}can i visit india if my husband has not stamped his visa(he has taken h1 from us}
2}if by july 2006 we do not get our labor aprroval than for renewal of visa he has to go to india (home country}
thankyou  

Answer
You must get H-4 visa stamp in your passport before coming back from India. You can show your husband's approval notice of H-1. He does not need to go with you or get stamp before you do. Anytime after December 2005, he can file for 7th year extension of H-1 based on pending labor cert case.

Regards,

Robert

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