H4 for family after H1-B extension

USA L1, L2 Visa
1

Hi,

Recently I have came to US on H1-B that is about to expire. The extension will be filed accordingly (same Employer, may be different client-depends upon the project). I’m planning to apply for my wife & son’s H4 visa once the extension is filed. based upon lot of streettalk, I’m really confused regarding this. my doubts are -

1.Can I (actually, my employer) file for H4 for my family & they & appear for stamping as soon as my extension is filed? or do we need to wait till the actual approval is recieved on my H1-B extension?

  1. What would be implications for my family’s H4 stamping as I would have not the Visa but only extension?

3.Will I need to get my visa stamped after extension as I heard, the dependent’s visa is for same duration as of H1-B & there may be rejection of H4 if I have no visa stamped after the extension?

Any insight on these doubts is really appriciated.

Many thanks in advance.

KD

2

  1. Visa is issued only until petition expiration date. So if they go now (extension not filed or filed but pending), then they will get H-4 visa stamp only until current petition expiration date. If they enter US, then their extensions will also need to be filed as they will be carrying copy of current petition. However, if they go after getting the extension has been approved (and carry new petition), then they will get visa stamp for longer duration and also a longer duration I-94.

  2. Refer (1) - they will get visa for a smaller duration and even their I-94 will be for a smaller duration.

  3. IMO, it is not required for you to have you visa restamped before dependents can go for H-4 visa stamping. You can confirm w/ your attorney.

3

Thank you Saurabh. That clears my doubt. My apologies for the delayed response.

considering your opinion, I have decided to wait till my extension get approved. Thanks once again for the help.