Is H4 visa without visa stamp on spouses passport possible?

Hi..
I want to know is it possible to get h4 visa stamping without my husbands h1 stamping on his passport?
He changed his status from L1 to H1 in US. He didn't apply for my cos coz i have to visit india this december for family function. He joined his job on h1 in oct 2011. I am still on L2. Will it be possible for me to get visa in india without his H1 stamping, as he's not leaving US. Am i out of status for 2 months ( oct- nov 2011). My I-94 is valid till july 2012. Will it affect my h4 visa stamping. Plz help me. I am really worried....
Thanks in advance...

Swati....

Forums: 

Thanks for reply... But i am

Thanks for reply...
But i am still confused about out of staus for 2 months.... We didn't apply change of status from US coz i have to visit india in december.... So will it affect my visa stamping... What if VO will ask about this.... I am really worried....
Plz help...
Thanks again

Swati...

Hi Swati, You should consult

Hi Swati,

You should consult your husband's company's lawyer if you are so doubtful. The only source of good news is that your I-94 is still valid and expires in July 2012.

I am curious: why don't you apply for change of status now and get your H4 stamped when you go in December? 

Admin

IANAL

Thanks again.... Actually

Thanks again....
Actually when my husband changed his staus.. He thought that its not neccesary to change my status as we already had planed my visit to india. So in both the cases i need to get my visa stamped from india to return back to US.. Now we come to know that i'll be considered Out of Status from Oct 1st when my husband joined his new job.
His company lawyer is saying that its of no use to change status from here now as it will take 2-3 months... And in this case also i am out of status from 1st oct... So go back to india ASAP... He is also saying that out of status doesn't mean unlawful act.... So we have changed ur plans now am going to india in nov only... And planing for visa interview in jan 2012...
It all happened due to lack of our knowledge.... Don't know what will happen in jan... will come back soon to share my experience...

Wish me luck..

Regards

Swati.....

Hi all...

Hi all...
Got my h4 visa .... M so happy..... I was so worried 3 months back about my stamping.... But on my visa interview day... They didn't ask me any documents not even a single question about my husbands status change... It went Smoothly....
My good luck to all who are going for h4 ...

Swati..

Congratulations Swati!

Congratulations Swati!

Could you please tell us what embassy did you go to and if you went with your husband? Usually people post that they were not asked a single question when they went with their spouses..:) Good for you ! :)

Thanks for posting.

Admin

IANAL

Hi....

Hi....
I went to delhi embassy on 24 jan.... My husband was not with me... He's in US only... They just asked me for my husbands petition copy.. As he doesn't hv visa stamping on his passport coz he changed his status from L1 to H1.
I was very worried as i was out of status for one month . But that didn't affect my stamping. They just asked me why i came to india, when is my husband planing to come? Nothing else.... :)
But to be safe on my side i took all the necessary documents with me like my husbands --
Client letter
Employment letter
Last three months salary slips
Last six months bank statement
Last two years W2 form
US address proof
And original petition of my husband ( thats not required)

The interview last for five minutes only.....

My good luck to all.....
Swati

Hi,

Hi,

I am in US for the past 4 years on H4. I have to go to India for some time for family functions but my husband is not going with me. If I go I need to stamp my visa. My visa expires on 31 December 2012. I plan to return in 10 november. will it be a problem if i go for stamping without my husband. What are the chances and risky part. Also my son of one year will be going with me. we are planing for 3 months visit.

Kindly suggest what are the risks.

 

Thank you.

 

Rajyashri.

 

Hi,

I am  on H4 with expired visa and have valid extension until APR 2013. The same thing with my husband , H1 visa expired and has valid I-797 till Apr 2013.  Last time , We both went for visa stamping  in 2009 in hyderabad and got approval until 2011. Our visa got expired in Nov 2011.

Before, My  husband used to be permanent (full-time) employee all those years. But , recently from May 2012, he is in single-layer contract which is valid until Apr -2013.

I am planning to travel  India this sep and will go for H4 visa stamping in Hyderabad, US consulate. Will there be any issues as my husband has no visa stamp on it and also he started contracting? Can I go to consulate without he accompanying me?

And also in one of the forums , I read, Hyderabad US consulate is denying visas if the primary applicant(H1) is not visa stamped? Is it true?

Please help me . Any suggestions much appreciated.

Thanks much in advance.

Hello Priyatanu,

Hello Priyatanu,

Don't worry you will be fine. Just make sure you carry all the correct paperwork relating to your husband's job. Yes you can go without his visa being re-stamped (he will get it done when he travels to India) and yes you can go on your own. We are not aware of how the job profile change may affect the outcome of your interview but be positive and hopefully everything will work out well for you!

Again, not aware of the Hyderabad Consulate news.

Please come back and tell us how it goes.

Thanks,

Admin

IANAL

Hi priyatanu

Hi priyatanu
Don't worry... Everything is gonna be alright... I was in the same situation some month ago... But got the h4 visa without my husbands visa stamping.... Infact my case was more complicated than ur's... My husband did a change of status from L1 to H1b. My husband is also working for a consultancy.... Don't worry just take all the paper work with u as i mentioned above in my experience.... U'll get ur visa....
All the best...
Swati....

Thanks Swati for your kind

Thanks Swati for your kind words. Hopefully, I'll get visa with no issues. But, today when  Iam going through, I came across, 

Interview Waiver program. My H4 visa expired in Nov 2011. Am I eligible for this program? Is it safe going through this?

And i have not taken vis appointment yet. Does anyone have gone through this?

Thanks Very much.

Regards

Hi All,

Hi All,

Can anyone help me out, with the info about Interview waiver program for H4's?

When I am looking at US consulate, hyderabad.  It says, if H4 visa expied within the last 12 months they are eligible for this.

Anyone please shed some light on this.

Thanks in advance.

 

Hi ALL,

Hi ALL,

I am currently on F1 Visa and now my H1 B got approved. I want to apply for my wife on H4. I have few question on this:

1. Can my wife get H4 if I don't have H1 B stamped in my passport?

2. If above (1) is yes then can some please detailed out the process of applying for H4.

3. If above (1) is no what is process to be follwed?

4. Lastly, my H1 B will start from Oct - 2012 so can she appear for interview before that. (I am in F1 status till end of Oct)

Currently I am in US working with a very reputed company and my wife was rejected on F1 dependent visa as my F1 was expirying in few months so the Officer rejected as my F1 was expiring in 4 months when she appeared.

Really appreciate someone's help on this.

-Sam

Hey Sam,

Hey Sam,

Please go through the blog, you will see answers to all your questions. 

 

A request to all, 

Please go through the blog before posting a question as I believe you will just find your answer within. Everyone has in good spirit posted their experiences. 

We must appreciate time of Admin for this cause. Going through blog will somewhere have information that you need. If you still feel that your case is unique, feel free to post comments. 

Thanks Admin,

Thanks Admin,

Please correct if I am wrong.

After going through the blog I see that I can apply for H4 for my wife no matter my H1 B is stampped or Not. Secondly, my wife would be needing I747, LCA & I129 from me (and all other relevant doc), filled DS 160 and directly approach US Consulate in India. Am I right or Wrong?

Please let me know if I am missing something.

Thanks Sam

Hey Sam,

Hey Sam,

I am Not Admin, I am just another guy closely follwing this blog. I have got tremendous information from this blog and it has become a habit to come back hear and see and in case can suggest something

Yes, you wife can go for H4 visa without your Visa stamped and before your start date. Earliest she can come here is Sept 21st 2012. 

Please check this page for people's experience with interviews and Documents they would like to carry for interview.

http://h4-visa.com/content/documents-h4-vi

 

Feel free to ask any questions that you have in mind. Just make sure you go through blog thoroughly. 

Thanks Dear,

Thanks Dear,

Last question: Do I need to get any kind of approval for USCIS or DHS for H-4 approval before going for Interview as I got H1 B approval or just my documents will be suffient to get H-4 stamped?

Thanks

Hi all!

Hi all!

I hope someone can enlighten me in this situation which I find is different from all of you. I have tried different resources and so far both websites of the USCIS and the US Consulate have not been able to respond to my question. We both have changed status, so my husband has an H1-B  and I an H-4. We both belong to different countries (France and Panama). Both do not have the H1-B and H-4 visa stamped in our passports as we have not returned to our respective countries. In our situation, will we have to go to our respective countries to obtain the respective visas stamped?

I also understand that it is always better to go together to save time and paperwork to the Embassy so I wonder if we can make just one trip to the US Consulate in France to do the visa for both simultaneously. Further, in the event that I return to my country, I am noticing that my husband won't need to be with me as long as I bring all the required paperwork; however, it is still better to be together at all times. Am I correctly understanding this part, right?

Deeply appreciate any input in my case!

Lyn.

hi  everyone. i have a

hi  everyone. i have a problem please helpme out with this.

i am on H1B status it valid until 2015 december. i came to india for visit and i went for visa stamping but i did't get my visa stamping it was under administrative processing 221(g)6(c)1. and they said it will take several weeks. but my spouse is still in us.under H4 with valid i-94 until 2015 december. my question is if my visa denied how long my spouse can stay in us. because my 2 us born kids are going to school. how long my spouse can stay in us. please some one advice me.

Hi.I'm currently staying in

Hi.I'm currently staying in USA with H4 visa.My current stamping was till 30th Sept 2013.My husband has changed job recently and now We both have valid petition for 3 years.I need to visit India for some personal reasons and would like to come back here after extension.My question is can I get an extension with petition only as his passport is not stamped.Please help

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My my is in same situation. I

My my is in same situation. I was on F1 and converted my status to H1B. Did not visit india yet but my wife went to india after the marriage for her H4 Stamping. She had all the documents the office asked. She was given a 221G after the interview and the officer asked to submit the copy of Husband's H1B visa stamp. She clearly explained that since his COS, he did not exit the US so he does not have the stamp, still the officer asked the same question again. Its strange that the officer didnt knew about the scenario. We submitted few docs like i94 and previous petitions that proves my COS and a reason for not having the H1B stamp. Please be careful of such scenarios when officer does not know what to aska nd what not. 

Hi all , Can anybody help me?

Hi all , Can anybody help me?

My husband is on F1(expired in 2011) – Opt (have EAD
card) and I am on dependent Visa . Right now He is working as a postdoc research fellow in Ohio
State University (OSU). OSU International Office will send his H1B petition to USCIS on December (according to OSU normal processing time). I wanna go to India alone in december last week as because I am missing my parents badly ( I came to this country in 2010 with F2 which expired on July 2011, since 2010 I am in this country). I have booked my flight ticket for India on 31st December and returning on May 14th. In the mean time, when my husband will get his Receipt Notice (I-797) and H1B Visa Approed Notice then he will send me all necessary documents in Kolkata, India then I will apply for a H4 VISA Stamping interview in my city Kolkata, India.

Is there any risk in it? Do you think Kolkata Consulate might reject my H4 First time Visa stamping as because my husband is in US (without H1B Visa Stamping in his passport)?

Do you think I can get my first time H4 VISA Stamping without my Spouse ?
What is the possibility to get rejected / os is the ANY possibility to get approved as because Principal H1B Holder is in US.

Thanks in advance.

R_Mukh

Hello Rupa,

Hello Rupa,

Thank you for posting and telling us your story. We are sure you must be looking forward to your upcoming trip back home. We wish you all the best!

From the experiences posted by others on this website, it should be okay for you to get stamping done for the H4 visa in India and then re-enter the U.S. Start working on getting the stamping done as soon as your husband gets the receipt notice. 

We would also recommend that you look at the USCIS website for a list of rights/responsibilites for H1 and H4 visa holders.

Good luck and have a safe trip!

Admin

IANAL

 

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