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I am working in the USA on an H-1B visa with my family. My visa got recently extended to 3 years and I got a valid I-797. I am planning to visit India to get a new visa in my passport. However, my family needs to stay here.

What happens to my family if my visa stamping is rejected in India? Do they immediately leave USA? Or can they stay?

  • Should your visa not be re-stamped, your family's H-4 would no longer be valid and they would have to leave the US immediately. – Giorgio Nov 8 '16 at 1:56
  • @Dorothy: How many days they have to leave US Immediately? – Babu Nov 8 '16 at 2:32
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    USCIS doesn't say how many days; immediately suggests that it would mean days, not weeks. Since your visa was extended, and you got the I-797, why are you worried about the re-stamping? It sounds as though everything is in order. – Giorgio Nov 8 '16 at 3:29
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    @Dorothy: "Should your visa not be re-stamped, your family's H-4 would no longer be valid" Do you have any source on that? – user102008 Nov 8 '16 at 19:17
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    @user102008 - H-4's are dependent visas and reference the H-1B as primary. There's no way an H-4 would remain valid if the H-1B it depends on is not renewed. – brhans Nov 8 '16 at 21:38
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Should your H-1B visa not be re-stamped, your family's H-4 visas would no longer be valid. Their visas are dependent on the primary visa holder's status, alone. Should you, the primary, no longer have a valid visa, they could not remain in the country. USCIS Nonimmigrant Services uses the word 'immediately' but does not further define it in terms of hours/days/weeks.

  • I don't see anything in the document you linked to that supports your assertion. Can you elaborate? – phoog Aug 3 '17 at 0:26

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