Q: Dependent child (13 years) H4 visa in person stamping without primary h1. The primary h1 has pending felony charge.

A: In this situation, it is generally recommended that your dependent child (13 years old on an H4 visa) does not travel for the in-person visa stamping without you, the primary H1B visa holder, especially given your pending felony charge. Here are a few reasons:

1. Visa issuance: The consular officer may be hesitant to issue an H4 visa to your child without the primary H1B visa holder present, particularly when there is a pending criminal case. They may require more information or documentation related to your case before making a decision.

2. Port of Entry (POE): Even if your child obtains the H4 visa, they may face additional scrutiny at the U.S. port of entry due to your pending felony charge. This could lead to delays or, in some cases, denial of entry.

3. Dependent status: As an H4 visa holder, your child's status is dependent on your H1B status. If your H1B status is jeopardized due to the criminal charges, it could also impact your child's H4 status.

Given these factors, it is advisable for your wife to travel alone for her H1B visa stamping while you resolve your criminal case through the pre-trial diversion program. Once your case is settled and you have more clarity on your H1B status, you can plan for your child's visa stamping and travel accordingly.

It is highly recommended to consult with an experienced immigration attorney who can assess your specific situation and provide guidance on the best course of action for you and your family.