H4 Denial - Please Help.

Hello Admin

My Wife went to New Delhi Consulate on June 03,2011 for her H4 Stamping and she was denied under 214(b). 

My Situation is like below:

 

I entered US first time in June 2007 on L1B Visa & my wife entered on L2 Dependent in Aug 2007. I went India in March 2010 and last entered US in April 2010 on L1A Visa and my wife came with me on L2 Dependent. In Oct 2010, I changed my status from L1A to H1B and also my wife's status from L2 to H4. My Company is a good mid size US Based company and I work with a direct client only. She went to India in March 2011 to visit both of our parents. She wanted to come to US again and as required she went for H4 Stamping with all the required original documents at New Delhi,India on 03rd June 2011 and they rejected it saying that she is not qualified for H4. I've not stamped my H1B Visa as I have not been out of US since I entered lastly in April 2010. I'm currently on a ongoing project and can't travel to India for at least next 6 to 7 months.

I called up DOS and they say that my status is still on L1A.

Can you please advise ?

Jay.

Forums: 

Dear Sir/Ma'am,

Dear Sir/Ma'am,
 
Thank you for writing to us,
We are in receipt of your below email, the same has been forwarded to the U.S. Consulate. You will be notified accordingly by the U.S Consulate.  

Regards,

Garima

U.S VFS Helpdesk Team-Hyderabad
 
This is the reply which I got from VFS and that too after mailing them 2nd time.

Sure.But can u plz tell me is

Sure.But can u plz tell me is there any way to 221g white slip cases online?

Thanks

[quote=Administrator]Hello Geet,

That is some progress. Please be patient with the process and keep us updated. I am curious to know at what point you'd be required to send your  passport. 

Thanks!

Admin

IANAL[/quote]

Hello,

Hello,

Firstly, it is so good to have all the people up here with sincere suggestions.

Secondly, my question :D -

I have a valid US tourist visa issued in  Feb 2007 and valid to 2017 ( Multiple VISA)

Later in the same year i.e. 2007 I traveled to US on F1 VISA, completed my studies and came back to India as soon as I completed my Masters and that was in March 2009. 

Last year (2011) in June and August, I applied for a student visa for further studies and was denied both times.

I got married in Feb 2012 and my wife applied for B1 VISA in April, we planned to travel in July to attend a friends wedding - She was denied and we tried again the same month but with the same result. 

I am planning to travel to US in July so that I can attend my friends wedding! - here is the catch! I have a job offer there and the employer is willing to file for my H1 and shall take care of all the legalities involved in the process. My worry at this point is, if I go ahead and get my H1 filed would my wife be able to apply for H4 visa and if YES, then when? And what are the chances of her getting the visa keeping in mind her couple of rejections in the earlier part of this year.

JYFI - Both times when she was denied she was handed a 214B form and so was I when I was denied student VISA in 2011.

Would really appreciate if you guys could throw some light on this. 

Thank you

hi,

hi,

 

do you know if there are any issues with H4 Visa stamping in India?

my husband works here in us as a consultant ( not a direct full time employee), his H1b has already been extended 3 times here, and his visa is valid until feb 2014,his project is valid until  dec 2012 and is more likely to extend I have all documents along with client letter

I came to this country 3 years ago but during this time , the stamp on my passport got expired and we got our visa renewed here , so if I travel then I have to go to embassy for stamping.

Due to my prolonged illness and small baby its getting tough to manage here alone?

pls share your thoughts on h4 rejection cases recently and the possible reasons. Should I be worried about the stamping ?

Hello Min,

Hello Min,

I don't see any reason to worry about the stamping at all. Just carry all the relevant and updated paperwork related to your husband's H1B visa. You already have the H4 visa..:) it just needs re-stamping. My only suggestion would be get this done in the first leg of your India trip and not wait until the last minute. You never know if they need more paperwork or information from you. 

I hope you feel well soon!

Please do come back and tell us how it goes. It will help the community here!

All the best.

Admin

IANAL

hello Admjn,

hello Admjn,

Thank you so much for the response . Do know at all why my question got posted 3 -4 times . I aplogize.

the worry also is that after ling wait of 10 years for GC , we agajn filed our GC from EB3 to EB2 , and we filed it in april 2012 , so it might take a few months for 1st stage and the following stages to approve and if I get stuck in India at the time when the date gets current then I will be scewed ... I inly wants to go for 2 months .

also can you advise , what kjnd of question do they ask these days in interview?

 

I really wanna thank all your efforts you are doing here . Will pray for you .

thanks

Hello Min,

Hello Min,

Sure Thank you.

The success rate for H4 visa re-stamping is much much higher than that of first time applicants. Usually they will ask you to show your current documents and ask questions about your spouse's job. Now whether you want to go now or after you get through stage 1 of the Green Card process is your choice to make...:-)

Please look at this forum : H4 visa interview questions Even though most of these people are first time H4 visa applicants, the process for H4 visa stamping and re-stamping is pretty much the same.

Good luck to you and the family.

Admin

IANAL

p.s. I will now delete your duplicate posts. Please register on the website for timely updates on answers to your posts. Thank you!

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hi,

hi,

 

do you know if there are any issues with H4 Visa stamping in India?

my husband works here in us as a consultant ( not a direct full time employee), his H1b has already been extended 3 times here, and his visa is valid until feb 2014,his project is valid until  dec 2012 and is more likely to extend I have all documents along with client letter

I came to this country 3 years ago but during this time , the stamp on my passport got expired and we got our visa renewed here , so if I travel then I have to go to embassy for stamping.

Due to my prolonged illness and small baby its getting tough to manage here alone?

pls share your thoughts on h4 rejection cases recently and the possible reasons. Should I be worried about the stamping ?

hello Admjn,

hello Admjn,

Thank you so much for the response . Do know at all why my question got posted 3 -4 times . I aplogize.

the worry also is that after ling wait of 10 years for GC , we agajn filed our GC from EB3 to EB2 , and we filed it in april 2012 , so it might take a few months for 1st stage and the following stages to approve and if I get stuck in India at the time when the date gets current then I will be scewed ... I inly wants to go for 2 months .

also can you advise , what kjnd of question do they ask these days in interview?

 

I really wanna thank all your efforts you are doing here . Will pray for you .

thanks

Hi All,

H4 denied - Proof of relationship

Hi All

 

My story is quite different . We had a  small scale wedding in october  2011 (as it was decided at the last moment by both the families, we exchanged rings and few puja's were performed by pandit ji  and it was decided that we ll have our social wedding later)at my in- laws place and we got our marriage registered  in court . So, by this time I had my marriage certificate but had few wedding pictures and all parer work in place

I went for H4 interview in march 2012 and was issued a yellow 221g askig more proof of relationship - more pictures, letter from priest, emails, chats ..wedding info etc . So ,within a week , I submitted all docs- wedding pictures (which i showed in initial interview too as i had just those fewer pictures ), letter from priest , emails, chats , notoriesd docs of witnesses ,bank transactions , gift receipt  etc etc  but  my passport was  sent back to my address with a 214  withing 2-3 days of submission .I dont understand what exactly went wrong .............

I had my social wedding done this month , so what are now my chance of getting H4..... Would the last time rejection affect my second attempt.....kindly suggest how should i proceed .....

 

Please share if anybody has faced similar situation 

Hello Shweta,

Hello Shweta,

Your situation is unique but now that you have had your social wedding you should try again. Is your husband also planning to go for his visa stamping? If that's the case you both should go together.

-Admin

Hi Admin,

Hi Admin,

 

My husband got his visa stamping done in September 2011...Since we were not married by that time , so couldnt do much.

Though I have all my paper work in place and have entire wedding album with all rituals,,,, still I m kinda scared ...Please suggest 

 

shweta

[quote=Administrator]Hello Shweta,

Your situation is unique but now that you have had your social wedding you should try again. Is your husband also planning to go for his visa stamping? If that's the case you both should go together.

-Admin[/quote]

Thanks Admin,

Thanks Admin,

I feel good to hear such nice positive words,,,, is it acceptable statement  to have date in marriage certificate as oct 2011  and then social wedding and wedding  invitation card date as june 2012 

As I already got my marriage registered  immeditaely after my small scale wedding  by submitting all relevent docs,wedding snaps ,notoriesd letter from priest and few witness(our parrents) in the court with the help of a lawyer .

 

 I dont understand what do i say if they ask me about previous H4 rejection i.e Mar 2012!!!!.  I am planning to attend H4 interview in first or second week of July  .

Please help me figure out the root cause of the denial , so that I dont repeat the same mistake...

Mumbai : 24th March 2012, Interview time : 9 am . There was a very very  long queue . It was around 8 am and people with appointment time of  7 :45 am were waiting outside as counters were not opened 

There was a mid age couple being interviewed in th counter no 12 just before my turn . They had some long back  Green Card  issue , after 5 - 7  mins of discussion , VO went inside with some docs ....came back and asked them to surrender their expired visa  and stuff and after some more  docs scanning in her computer  their visa was rejected and she asked the couple  to leave ,,, that  man asked the VO  ..can the money I paid for this interview be refunded..and she said ....Sir, Its not refundable.....

This copule took another 2 mins to arrange their docs with few more irrelevant qustions to the lady .The lady (VO) was too annoyed by this time. She said ...Sir please allow others ...they are waiting  for their turn  and finally  came my turn !!!

Set of Questions I was asked :

VO : So your husband works in XYZ ..:)  

Me: Yes

VO: How long he has been with XYZ compnay

Me : around 1 year

VO :  how long he has been in US

Me :3.5 yrs

VO : When did u get married 

Me : Oct 2011

VO: Is it a love marriage or arranged 

Me :Its a  love marriage

VO: wen did you meet your spouse for the first time

Me : We met in Dec 2009 through a common friend wen he came to India for a  short visit

VO: Can I see ur marriage certificate 

Me : Sure (I gave my marriage certificate to her)

VO: Can I see your wedding pictures

Me : Sure (handed over my small wedding album ) 

VO : How many people were present at the time of your wedding 

Me : Around 50 

 

VO : where are wedding pictures ...u have anything else with some rituals

Me :  thats all I have ,,,,As we had a small scale wedding in a temple at my in laws place  

VO : U have letter from priest 

Me : yes I do 

VO : I need some more info .....submit these docs in VFS center

 

Me : Okay , (and I left)

I was issued a Yellow 221 g slip asking - proof of relationship (more wedding pictures , letters , emails , wedding info etc etc)

 

At times , I was not very clear with the accent of VO , So I had to say ...I am sorry , Could you please repeat 

Mumbai , 30th March 2012 @ VFS center : I submitted all relevant docs , which could prove my marraige /relationship with  my husband. The docs pakage contained- my marriage certificate , notorised letter from priest, affidavit from few witness(including our parents),past 6 months emails and chats ,gift receipt from my husband on my birthday, Money  transfer screen shots , joint bank account statement   between me and my mom- in- law opened immediately after our marriage,,,some honeymoon pics.

My passport was couried to my address within 2 working days,So my mind was wondering ....there is just two possibility subject to this suparfast prcossesing speed,,,,either VO is fully convinced or has just rejected my application 

I was very disaapointed to see , my passport  with a 214 ....with no comments / reasons wriiten on it 

I would appreciate if you could please help me anayse the root cause or was it just my bad luck!!!! 

 

 

Shweta

Hello Shweta,

Hello Shweta,

Fisrt of all I really appreciate your taking the time to share a detailed description of your experience. Frankly, in my opinion there is nothing amiss. Maybe it was not your lucky day!

Remember they are a little suspicious of small scale weddings. They are trained to screen fraudulent weddings from the real ones. Many people show false evidence of marriage just to enter the United States. So maybe the VO was not convinced of your proof of marriage. It is hard to tell!

Anyways, let bygones be bygones and start afresh. Be confident and try to convince them that you have done everything possible to prove this relationship if the situation arises. Carry all the relevant paperwork of your husband's work in addition to all the marriage related evidence.

Good luck and may success be yours this time..:)

Admin

IANAL

Hello,

Hello,

I had my H4 interview on march 13th 2012 at Hyderabad consulate, was given 221g white form.I submitted the documents on 26th march 2012 and been waiting since then.Called DOS and mailed VFS many times , but still they say my case is in admin processing.Am not able to track my case online on consulate website, but VFS website says passport under process at consulate.I haven't submitted my passport yet.So can anyone plz tell me how long is this going to take

Thanks

Hi,

Hi,

 

 Im getting married in July and taking my wife for H4 in august  at Chennai location.

I have been hearing cases where .. the VO is calling the petitioner (I got my H1 Stamped already) and reinterviwing the petitioner again even after the H1 has been stamped.

How often are these cases happening .

Please respond. 

Hi Admin,

Hi Admin,

I am on OPT (H1 approved and starts from 1 oct 2012). My wife went to H4 Visa interview on 28 June at Mumbai consulate.

Everthing was going well, vo asked regulare H4 questions, then VO looked at my I797A and went inside for 3-4 miniuts, then she said to my wife 'your husband's H1 visa starts from 1 Oct, how can you apply for H4 before that ? '  and handover 221g blue slip.  VO asked my wife to come on 1 Oct or later (no need of an appontment /visa fees).  The letter stating as below: (only important point)

Dear Visa Applicant:

Your application for a non immigrant visa has been refused under 221g of the INA. This office requiers that you submit additional information and/or documentation before we can make a final determination in your case. You are requested to appear in person at the consulate. Please bring the documents indicated below along with passport containing the affixed barcode token to the consulate on any business day between 10.30 am to 11 am. Do NOT make a new appointment.

Other: on Oct 1, 2012 or later

Please submit your documents requested below along with this letter in a new envelope to the VFS office. The grey envelope can be purchased from any VFS office.

From the Petitioner (Potential Employer):

  • A letter (on letterhead) from the personnel detartment at the US job site statting that there is a vancancy for your husband. (Dated: Sept, 2012)

My questions:

  1. First in the letter they asking to come directly at the consulate, then again asking to submit all documents at VFS office in a grey envelope. What shoud I do ?
  2. What is the meaning of the letter that consulate is asking about ? "statting that there is a vancancy for your husband. (Dated: Sept, 2012) "
     

Please give me advise and suggestions.

 

Hi,

Hi,

I have applied for my H1 visa and they have send me RFE. My lawyer is preparing all the documents to submit for RFE. But as they have asked for too many documents I am scared that my H1 might get deny. I have my husband in India and I want to call him here on H4. My question is if my H1 gets denied then can I call him on F2 ??? or wait till next year again I can apply for H1 and then again H4 for him ?? What are the chances of getting F2 ??  Also, if my H1 gets approved then what are the chances that he will get his H4 for sure ??? I am so worried please reply. Thanks

Hi,

Hi,

I have applied for my H1 visa and they have send me RFE. My lawyer is preparing all the documents to submit for RFE. But as they have asked for too many documents I am scared that my H1 might get deny. I have my husband in India and I want to call him here on H4. My question is if my H1 gets denied then can I call him on F2 ??? or wait till next year again I can apply for H1 and then again H4 for him ?? What are the chances of getting F2 ??  Also, if my H1 gets approved then what are the chances that he will get his H4 for sure ??? I am so worried please reply. Thanks

Hello All,

Hello All,

First of all i would like to thank you guys for helping me for my wife's H4 Visa.

My wife attended her H4 visa today 03/08/2012 and got it approved. My H1B has been approved recently and i have a start date of oct 1st 2012. Below are the questions asked by the VO to my wife in the interview.

wife: Good Morning sir.

VO: Good Morning.

VO: Can i see your husbands paystubs?

VO: Reason for your previous Visa rejection?

Ans: she told him that the my visa validity was only 3 months. so the consular officer denied her by saying that your husband will be returning to india in 3 months and there is no need for you to apply for a f2 visa.

VO:Give me your tax returns?

VO: Give me your husband's W2's?

VO: Can you please tell me the contact address of your spouse?

VO: After asking my wife the reason for her previous rejection? He has asked her for a reason why he should grant her H4 Visa?

Ans: She simly told him that my project has been extended and my husband will be in USA for some more time. she also told him that she has been waiting for me for the last six months and wants to join me if the visa is granted.

After listening to her words. My wife told me that the VO laughed for a while and told her the Golden word "your visa has been Approved"

Note: I have sent my wife true copies of my I797, LCA and I-129, Offerletter, Client Letter, Pay-stubs, and Six Months Bank statements.

So guys if you have perfect documentation with you. you should have no problems getting a visa.

I wish every one all the best for the interview. and please share your experience as it will give some kind of confidence for future applicants.

My sincere thanks to admin of this forum and all other readers for there valuable advice.

 

hi,

hi,

I got married last november and after that my f2 was rejected twice as my husband was on f1.Now he got his H1 accepted which will start from oct 1,2012. My questions are:

  1. when can i apply for my h4?
  2. My husband is in usa and cannot come here for stamping,does it make a difference to my h4?
  3. Do i need his pay slips on the h1 visa,hes working on opt with the same company from the last 1year but his h1 starts from oct1.
  4. My f2 has been rejected twice before,will it effect my h4?

Kindly help me out with this because its gonna be almost a year in october after our marriage we have been living in different countries.Last time when my f2 got rejected , it was very weird as my visa got approved and they said i ll get it in 5 days but after a few days they called me again and rejected it. On asking they didnt give me a good reason but said my husband may try with the h1.

please help me out,after the previous rejected i am soo confused and heart broken.

Thank You

Hello Jas,

Hello Jas,

Dont worry everything will be fine. your previous rejections will not affect your case this time. Carry all the relevant documents and you will get your visa approved. Below are the answers for your question.

1) You are eligible to  apply any time

2) You will be able to travel to USA only in the last week of september(10 days before your husband;s start date)

3) you don't require any H1 paystubs

4) There is no problem you can attend your H4 visa even if your husband is not visiting india for stamping.

Carry the below documents and you should be fine

Last six months payslips

I-797 of your husband

LCA

I-129

Offer letter and Client Letter( if it is not possible to get a original client letter an email copy from your husban'd client will also work)

Six Months Bank statements

Marriage certificate, Photos, Wedding Invitation

your certificates.

these are the required documents. you can find list of optional documents in many posts in this forum. Let me know if you are unable to find them.

All the best for your interview :)

Thanks

Raj

 

 

 

 

Thank you Raj,

I dont think we have the client letter,the client dont issue any letter....is that a problem??

We just have the letter from the employer!

And some one told us to apply my visa in october only,does it make a difference if i apply for my visa in october and not in september?

Are the chances more to get the visa approved if i apply in october,because i dont mind waiting for few days more....now that i have already waited for so many months?

 

Hello Jas,

Hello Jas,

Sorry for late reply.

If the client does not issue a client letter it doesnot matter. But ask your husband to send a copy of email he has received about the client letter.

when you asked in the interview about the client letter say that your husband client policy is not to issue a letter and provide the copy of email your husband sends to you as a proof.

If your husband's start date is in october then you are eligible to apply for H4 visa now, Chances of getting a visa is same whether you apply in sep or oct.

Carry all the documents with you i have mentioned in my previous post and you will be fine with your interview. Let me know if you need any thing else.

All the best for your interview and share your exp after your done with it.

bye

 

 

Thank You for the reply.

I have finally taken an interview date...15th and 16th october, now that the procedure is different.

I have a few doubts, if you could help me clarify my doubts.

  1. Am i suppose to carry original documents?? If yes,which ones??
  2. My sister in law is american citizen so she applied for my husbands green card in 2010,in case they ask me about the green card..what should be my answer?

waiting for the reply..thank you

Jas

Hi, 

Hi, 

 

I and my wife attended visa stamping together on 9th December in Chennai, India
My Visa was approved but her's is still in administrative processing

Question to me:

1.Which company – 
2.Which client – Cisco Systems

Questions to my wife

1.Since how long u married : 1 and a half month
2.Love or Arranged : love
3.How many people attended : 250
4.Highest qualification : MBA human resource

Although she(The Officer) did not hand over both our passports. I got mine stamped in 3 days her Passport has not yet been received. How long will it take for my wife's visa?

Spouses DS160 : AA003OUO3O

Why was my wife's visa not approved , when i see the status it says "Admin Processing " , she was not even given a pink slip or a yellow slip or a blue slip

I am not able to track her passport or even her case (as there is no Batch ID also given)
Please help , I am already in the US, We had planned to travel together

 

Regards,
Syed SS

Sorry for your situation Syed

Sorry for your situation Syed!

The Admin has posted some guideline on administrative processing here : Administrative processing (221G).

Unfortunately nothing can be done at this time but wait. What is your theory on why the visa was not processed? This is rather unusal as both of you went together. Be patient with the process and hope your wife gets it soon.

--Ravi

H4 visa interview experience

H4 visa interview experience Mumbai Jan 2014 (221g White Slip)

Hello

 

My husband got his H1b visa visa approved on 26th December 2013 from Chennai US consulate and H1B visa stamped passport after two days.

 

We started processing H4 visa process for me n my 5 months old daughter (DS160 and payment of Fees). Got OFC done for me and my daughter on 17th Jan 2014.

 

We had visa interview appointment on 21 Jan 2014 7.45 am (first slot for that day) and i was first one to give interview for visa.

 

VO: Good Morning

Me: Good Morning

VO: May i have your Passport

I gave my n my daughter's passport to VO

VO: Do you have your husband's visa with you?

Me: Yes (i gave him my husband's paasport also)

VO: Where is your husband working currently?

Me: ABC company (Indian Company)

VO: Where he will be working in USA?

Me: XYZ Company (Company In USA)

VO: Why is he leaving company like ABC and going for small company XYZ?

Me: He wanted global career exposure

Then VO started nodded his head

VO: Why you did not appeared for visa interview with your husband?

Me: We had applied for my daughter's passport and i wanted to apply for visa with my daughter

VO: Where is your daughter?

Me: She is outside with my husband. My Daughter is 5 months old.

VO: When did you got married?

Me: 24 Feb 2011

VO: Why you husband went for his visa interview in chennai and you in mumbai?

Me: There was no interview slots available in Mumbai during that time and his employer wanted him to go for visa interview in that week only.

Again VO nodded his head

VO: When did you got married?

Me: 24 Feb 2011

VO: Where you daughter was born?

Me: Mumbai

VO: Where your stay?

Me: Mumbai

 

Then VO left from his seat and went to one lady (American) with our passport and he talk to her 8 to 10 min then he came back to his seat and started typing in his computer for 7 to 8 min

 

VO: When did you got married?

Me: 24 Feb 2014

VO: Where you husband will be working in USA?

Me: AM, MMMM

 

Then he again started typing in his computer and after 5 min one white paper to me and said

VO: Sorry i will have to take your passport for some admin processing

Me: You will keep my husband's passport also

VO: Yes i have to take his passport for enquiry

Me: When will i get all three passport?

VO: It will not take more that one week. You will get notification regarding your passport through Email or SMS.

Me: Ok

 

Then i left from there. I was very tensed because VO took my husbands passport also and i did not wanted my husbands visa get affect because of my interview.

 

After two days i got mail on my phone that my and my daughters passport is ready for pickup and even my husband got same message.

 

Next Day we went BKC, Mumbai US Trade center and got all three passport with VISA STAMP.

 

Missed those golden words "YOUR VISA IS APPROVED" but still ALL WELL THAT ENDS WELL

 

Hi,

Hi,

I have a vaild H4 visa and I-94 until Sep. 2015 and I got a stamp at home country last year. My husband moved company from A to B last yeat and his I129 was approved recentrly. The problem is my H4 COS is denided because I was not in the States while this process is pending. For now, I am still at my home country and would like to back to the States soon.

I have questions;

1. Do I need to have new stamp although my current visa is still valid until Sep. 2015 if I want to back to the States?

2. Can I re-enter the States with my H4 if I can show my husband's new approval of H1B, I-94?

3. Can I stay in the States legally even though my H4 COS is denided if my current H4 visa is valid?

4. My husband's changed H1B is valid until May 2016 and my H4 is valid until Sep. 2015. Do I have to extend my H4 before my visa is expired or can I extend when my husband will apply extension of his H1B?

 

Thank you so much in advance,

Hi,

Hi,

I have a vaild H4 visa and I-94 until Sep. 2015 and I got a stamp at home country last year. My husband moved company from A to B last yeat and his I129 was approved recentrly. The problem is my H4 COS is denided because I was not in the States while this process is pending. For now, I am still at my home country and would like to back to the States soon.

I have questions;

1. Do I need to have new stamp although my current visa is still valid until Sep. 2015 if I want to back to the States?

2. Can I re-enter the States with my H4 if I can show my husband's new approval of H1B, I-94?

3. Can I stay in the States legally even though my H4 COS is denided if my current H4 visa is valid?

4. My husband's changed H1B is valid until May 2016 and my H4 is valid until Sep. 2015. Do I have to extend my H4 before my visa is expired or can I extend when my husband will apply extension of his H1B?

 

Thank you so much in advance,

Hi,

Hi,

I have a vaild H4 visa and I-94 until Sep. 2015 and I got a stamp at home country last year. My husband moved company from A to B last yeat and his I129 was approved recentrly. The problem is my H4 COS is denided because I was not in the States while this process is pending. For now, I am still at my home country and would like to back to the States soon.

I have questions;

1. Do I need to have new stamp although my current visa is still valid until Sep. 2015 if I want to back to the States?

2. Can I re-enter the States with my H4 if I can show my husband's new approval of H1B, I-94?

3. Can I stay in the States legally even though my H4 COS is denided if my current H4 visa is valid?

4. My husband's changed H1B is valid until May 2016 and my H4 is valid until Sep. 2015. Do I have to extend my H4 before my visa is expired or can I extend when my husband will apply extension of his H1B?

 

Thank you so much in advance,

Hello,

Hello,

I am on H4 Visa. I entered US first time in June 2013 with my husband (H1B Visa) and our visa was expiring in November 2013. We filed for an extension and now we got it extended till june 2016. I'm now pregnant and if i give birth to my baby in US (Baby will be US Citizen) and then if i go back to India with my baby to meet both of our parents and want to return back to US after 6 months and as required i need to go for my H4 extended visa stamping to Chennai and i will go for it.

And now my question is, at that time will my visa be approved ?

 

Hello Piyu

Hello Piyu

Assuming you have your H4 visa extension approved, you should not have any problem during stamping. Please take all the updated paperwork.

Good luck and a happy rest of the pregnancy!

Admin

IANAL

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