kamran

I am working in US since 3 years. My wife is going to apply for the H4 visa. I have my old visa expired on my passport on aug 2002.
Is this is the mandatory requirement to get H4 stamp that the husband's passport must have a valid visa. I have a valid I797(notice of approval from INS) that I am going to send her.
Please let me know the way to get her H4 fixed.
Thanks in advance.

Rockgurl

How can your wife get a visa when yours isn't even valid anymore? In fact...how can you even stay in the USA if you don't have a valid visa? Surely, if you approach the BCIS to get your wife a visa they will realize that your visa isn't valid and ask you to leave? I'm confused...what is the notice of approval for?

dunroving

I think this is a classic case of "visa confusion". There are two parts to a "visa". One is approval to be employed (in fact, it's the employer who gets the approval, i.e., my university is granted approval to employ me). The employee then uses this notice of approval to get the "passport stamp" (visa) to enter the US, or get back if they leave.

I'm guessing this fella has had his H1B renewal approved, but he hasn't sent off his passport to get the "visa stamp". The visa stamp associated with his first 3-yr H1B has expired. So, he is legal to be living and working here, just ironically if he leaves he can't come back (until he gets the visa stamp). I'm in this exact same situation right now - that's why I couldn't go home for Christmas.

Of course, I could be completely wrong. Wouldn't be the first, not the last, time.As for the original question, I think the answer is best found on the visa board.