Is H4 extension required if the dependent have never travel to US before

USA H4 Visa
1

Hi,

I traveled to US in April 2019 with a H1b Visa valid till 18th Aug 2019. I recently got my extension approved till 14th feb 2021 and this was my 1st Visa extension.

My husband and daughter are still in India and got their H4 visa stamped (1st stamping) on 9th May 2019 but as my petition was expiring in 18th Aug 2019 all 3 of ours visa got expired.

Today I realized that my company has applied for only my Visa extension, not for my dependents thus I am really confused as I was planning to call them in Dec to US.

Kindly request you to clarify few things here:

  1. I never received any i-797 A for my dependent from initial petition approval, which was valid till. 18th Aug 2019, Was this document expected to be send from USCIS?
  2. Is H4 extension required for my dependent before re-stamping, even if they have never entered US before?
  3. As they have never entered US, will simply re-stamping be sufficient for them to enter based of my extended approved petition (i-797)
  4. If this is correct then can they get re-stamping done without me? I have my extended i-797 form but my Visa is not stamped with new extended dates
  5. Can they travel to US if their h4 extension is initiated but in pending status i.e. based on my extended petition status?
2

If they are in India, then no need of the I-797 approval. They can use your approval notice and go for H4 Stamping. Yes, if they get re-stamping done with your new approval, that is good enough to enter. In fact, if they already had it, they maybe eligible for dropbox stamping as well…check the requirements.
Yes, they can attend without you.

3

thanks a lot Kumar …i am so relieved hearing this

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