Q: I have to go out of US to get my H1B stamped for a new employer. My baby visa is on process and I need my wife to stay
My wife will be out of status in her H4 but she did not complete 180 days of her out of status. Is it possible that I get my visa stamped and by the time I return to US, my baby will have her and I can send my wife and baby back to India to get her H4 stamped?
A:
Having the H1B stamped on your passport is not mandatory. I would suggest to wait until your wife gets her H4, and then you both can go together and get it stamped. Remember a stamp on the passport is only required if you are planning to travel overseas and come back to the US. If you leave before your wife gets her H4 you might face some problems while coming back in since the immigration officers might ask you why your wife is still staying in the US even though her visa expired. Consult with an immigration attorney before making travel plans. Many immigration attorneys including me offer free consultations, make use of the consultations. All the best.
-Shan Potts
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15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered are of a general nature only, and are not meant to create an attorney-client relationship.
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