If I have submitted my documents for H1B visa extension, can my spouse travel during this time?

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If I have submitted my documents for H1B visa extension, can my spouse travel during this time?

I came to the U.S. over 23 months ago; my H1B visa will expire next month. I have not initiated dependent visa for my spouse. I have now provided my documents for extension. Can I initiate dependent visa for my spouse and baby and can they travel from India to US during the extension period or do they have to wait till my visa is approved ?

Asked on December 4, 2017 under Immigration Law, Texas

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If your spouse and child are abroad, they only need to have their marriage certificate (spouse) and birth certificate (child) and copy of your H-1B visa petition approval notice in order to be eligible for a H-4 visa.  It may be that the Consulate will request proof that your extension has been approved in which case they will need to either enter the US while your current H-1B is still valid or wait until your extension is approved.


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