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

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 4 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption