H4 visa

Hi...
My husband changed his status from L1 to H1 in april 2011. That time i was in india.. I came here in US in july with my infant son.. And due to lack of knowlege he forgot to change our status from L2 to H4.
He joined his new job on H1 in oct 2011. Now his company lawyer is saying that after 1st oct it will take about 4-5 months for cos. So its better for them to get their visa stamped in india.
Now my question is :-
Is it possible to get h4 visa without spouses visa stamp on passport.
And what if they ask me about being out of status for one month.
Plz reply soon. M going to india .
Thank you.

Forums: 

Hi,

Hi,

I would like to apply H4 Visa for my husband. I would like to know what sought of answers he can provide for the below question to him.

What are you going to do in US?

Can he say that he going to live with me. Then if they ask,

what abt your job you are doing in India?

Can he say like he is planning to take leave for 2 to 3 months. Will they ask any approval letter form his employer for his break?

Please advise.

Regards,

Meenakshi

Hello Meenakshi,

Hello Meenakshi,

Please read this forum for H4 visa for husbands. Reading about other people's experiences will help you prepare well. 

I am not a lawyer but I think your answers are quite spot on. The only problem is the 2-3 month leave issue. They may ask him to get the Visitor visa instead so you may want to think about that. There is a chance that that question may not arise at all. In any case, he must say that he just wants to be with you and fully understands the legal issues related to the H4 visa.

Let us know if you need more help.

Please come back and post your experience and help others.

Best Regards,

Admin

IANAL

 

 

[quote=Administrator]Hello

[quote=Administrator]Hello Meenakshi,

Please read this forum for H4 visa for husbands. Reading about other people's experiences will help you prepare well. 

I am not a lawyer but I think your answers are quite spot on. The only problem is the 2-3 month leave issue. They may ask him to get the Visitor visa instead so you may want to think about that. There is a chance that that question may not arise at all. In any case, he must say that he just wants to be with you and fully understands the legal issues related to the H4 visa.

Let us know if you need more help.

Please come back and post your experience and help others.

Best Regards,

Admin

IANAL

 

 [/quote]

 

 

 

Dear Sir or Madam,

I am a Canadian citizen working on H1B visa (H1B visa has been extended for the second time with expiry date of 05/26/2014)

My company has initiated my labor certificate (EB2) my wage approval is completed and job posting has started a week ago.

My Fiancé is and Iranian citizen and hold permanent residency of Germany. She has been in USA and Canada within the last 2 years based on tourist visa with no issues.

I want to send her an invitation to come to USA based on tourist visa so we can get married. After we’re married, she will go back to Germany and apply for H4 so she can come back and live with me. Also we will then be a part of my PERM process. Once my labor certificate is approved, I would like to work with a firm to continue and file I-140 and I-485 (for me and my future wife)

I would greatly appreciate it if you could please provide help me addressing the questions below:

 

  • Is that the only way? Is there a better way to do this?
  • Do we have to let US know about getting married when requesting tourist visa?
  • How quickly could she go back and apply for H4?
  • How long will H4 take if requested from Germany?
  • What documentation/evidence  is required for H4?
  • Should I be present in Germany when applying for H4?
  • Any chance to reject? What do I need to prevent rejection?
  • Does my H1 expiry date effect the decision for approving her H4?
  • Does she have to have status to be included in PERM?
  • Does she have to be in USA during the EB2 process?
  • At what stage of EB2 should we be married so she could be included in EB2?
  • At what stage of PERM should be in USA?
  • At what stage could your firm continue my EB2?
  • What is the charge?
  • Should I let my company know about getting married and requesting H4?
  • Does my company have to support the H4 process?
  • At end, do you foresee any legal issues with what I'm trying to do as I'm not really familar with the US immigration process.

I trully appreciate your support and taking time for evaluating my case. Please let me know if there are any questions or if you require more information.

Best Regards,

HDS-5

Hi,

Hi,

    I am on H1B and my first H1B is valid till 2014.My husband came on H4 visa so this validity so his visa was also valid till 2014...But after i changed my employer i got validity till april 2013 and so my Husbands validity.Now,my employer  applied my H1B extension and my husbands H4 extension  2 days  after i-94 expired.We got RFE for client letter but my company refused to give client letter so my employer kept that RFE open and i applied for another H1B.

                    We got RFE for emploer/employee relationship on june 22 2013.My employer is going to reply to RFE on 2nd July 2013.Now....My husbands H4 extension which was filed with my first H1B was denied on June 12 2013.But in the letter they said they denied because my status itself is not yet approved....so,USCIS said that within 30 days if we  file I-290B form then my husbands H4 may be approved or reopend.But i have less number of days in my hand.MY employer will send doc on 2nd july 2013 and by july 12 2013 i have to reply back to my husbands H4 with I-290B form...this can only happen if i get approval before 12th july 2013.

       What should i do .....Please help.

Hi..

Hi..

This is Sidharth from Hyderabad.

Got married in temple @ Annavaram. The temple authority issued a certificate (Just an A4 size Paper) with a stamp on it saying ' TRUE COPY' & with a number on it. Can I carry it as a proof of marriage to US Consulate.? Please help with with required information.

 

Regards

Sidhartha

 

 

 

 

 

 

 

My wife is in USA. She can not come now for the registration of our marriage, where physical presence is a must. Do I have any other option.?

 

Regards

Sidhartha 

 

 

 

 

HI,

HI,

  My husband's H1b extension and my H4 extension approval is pending. Im planning to visit India for couple of months. By that time my husband will definitely get his H1b approved. But our lawyer said that once I leave USA my H4 extension application will be cancelled. So she told that I have to come back from India and restart my H4 extension application. My visa expires on Sep 22 2013. Im planning to come back to USA on Sep 4 2013. Im planning to go for visa stamping with my Husband's H1b approval eventhough I will  not have H4 approval notice. Is that fine? or do I have any problem?  Please let me know.

Hi, me and my wife both have

Hi, me and my wife both have B1/B2 (Visitors Visa) for 10 years. Once we entered the US on Visitior's Visa I found a job and converted my status to H1 and my wife got her H4. My H1 is due for extension in September 2013 and my wife has to go to India for urgent family issue. 

She will be gone for almost 3 months and I am anticipating to receive my H1 extension in the meanwhile. Should my wife take a chance to go for H4 stamping in India or can she enter US again with her Visitor's Visa?

My only worry is that since we entered the US on Visitors Visa and changed our status to H1 the Visa Officer might challenge our intention in the first place of entering in the US with converting it into H1.

Any comment help will be apprecciated.

Dear Sir/Madam

Dear Sir/Madam

I have been working in the US for 3 years now under a H1B visa. After one year, I talked to my wife and we decided that she should come together with our children (2). The kids have now adapted very well at school and they are doing very well.

The problem is that my wife knows that she can't work because she doesn't have the right to. But she decided against my opinion that she will work. She waits when I go to work to go to a place that I don't know to braid. I told her several times to stop breaking the law. I want her to respect the law like I do but she doesn't listen to me. I'm basically stuck. I don't what action to take. She is making money and sending money outside of the country. This is really bothering me and I don't want to be held responsible for that. 

Our kids started school in Africa, now they have forgotten the language and only speak English. I thought of going back but it would be very negative for their education. I want to renew my H1B and continue to be with them here for their good.

If my wife continues to behave like she does regarding the law, is it possible to tell my attorney not to renew her H4? What will be the consequences? Can I ask my attorney to write her a letter reminding her how to behave under a H4 visa as she doesn't listen to me? Plaese help! I'm concerned by the respect of the law and the education of my children.

Thank you for you time and help!

Hello Ousmane,

Hello Ousmane,

Please remember that this website does not provide any legal advice and I am not a lawyer. Please consult a lawyer before making any decisions.

We understand that you are in a tough situation. For your wife, things have changed. The confusion of not being able to work can be a little hard on people. Show some compassion towards her. Explain to her the consequences of what may happen, that having a cash job is violation of the terms of the visa. 

However you did not violate the terms of your visa so you maybe okay.

Feel free to write back if you need more help.

Thank you and good luck.

Admin

IANAL

 

Regarding H4 Visa Stamping, 

Regarding H4 Visa Stamping, 

I need help to understand the case for H4 visa staming:

My husband was working on L-1B Visa and i was dependent so i was on L2.

his company had filed H-1B in Change of status so my husband is moved on H-1B from Oct 1 2013 and i have moved on H4. we both have appoved petitio.

Now i am planning to visit India in January but my husband will not go with me to India.

1. Can i go for H4 visa stamping without my husband H1- stamping ?

2. Is there any risk if i go before his H-1B visa stamping ?

Please help me to cliarfy with above questions.

Thanks,

 

 

 

 

Pratiksha,

Pratiksha,

You can go ahead with your trip. Just make sure that you have all the updated documents with you for the visa stamping.

If you have a moment, please come back and share your experience with us.

Thank you,

Admin

IANAL

H4 VISA QUERY WHEN HUSBAND

H4 VISA QUERY WHEN HUSBAND HAS AN H1B EXPIRING SOON -

My fiance and I are getting married in April 2014, his H1B is expiring on August 1st, 2014. I am planning to apply for my H4 after my wedding in April around April 20th, 2014. I have 2 options and I am not sure the risk with each. Kindly advice based on your experience and knowledge -

1) Apply for an H4 with my husband's existing petition -

Expiry date - August 1st, 2014

H4 Visa application date timeframe - Around April end

Since there will be ONLY 3 months left for the H1B to expire - can the consulate reject the visa on this ? Is it a valid reason for rejection ?

2) Husband applies for expedited extension In feb 2014, and the new H1B may come by March 2014 and then I can apply using the latest petiotion no - What are the chances of getting a visa date within 1 month in Chennai consulate?

I SINCERELY REQUEST YOUR HELP IN THIS REGARD.

 

Hello Kash,

Hello Kash,

Thank you for posting.

Both options are totally okay. It is upto you.

If you decide to go with option 1 you will get the visa for 3 months. Later you and your husband will have to file for extension together in the U.S. Which company is your husband working in? Is it a big, reputable company or a startup?

If you go with option 2 that is also okay. It is very difficult for us to give any predictions on Consulate interview dates availability. You will just have to take a chance. Get a date as soon as you get your extension papers or if you get email notifications that the extension has been approved, book a date.

I know all of this may sound complicated but it is not that tough. You already seem to have a good understanding of the situation...:)

Good luck and keep us posted.

Admin

IANAL

Hi Admin,

Hi Admin,

Appreciate the prompt response, as a follow-up to your response I have 2 more questions listed below -

1) Option 1 -

Apply for an H4 with my husband's existing petition -

Expiry date - August 1st, 2014

H4 Visa application date timeframe - Around April end

Risk - only 3 months for visa to expire, unsure if I can get an H4 approval

To answer your question - Yes he does work in a reputable top IT firm in California

Query - does this give a bit of reassurance that
THOUGH there is only 3 months left for expiry since the company is quite
reputed chance of rejection is less ?

2) Option 2 -

Husband applies for expedited extension In feb 2014, and the new H1B
may come by March 2014 and then I can apply using the latest petiotion
no

Query -

Can we fill in 1 DS-160 with our current information. Get date that
we require. Come Feb, apply for expedited processing. Get approval on
March. Fill in another DS-160 with new number. Get both DS-160s to the interview. Tell them the renewal came through. In the meantime,
also send mails and call counsulate telling them the renewal had come
through and hence we filled another DS-160 and if it is fine. This is
just to keep records

At this point we are not sure which route to take - PLEASE HELP - your inputs really seem to help us a great deal

Appreciate all the help.

Hello Kash,

Hello Kash,

I am not a lawyer and always encourage people to consult a lawyer. I will try my best to help you based on the experiences shared on this website.

As you already know it is not possible to change information on a ‘submitted’ DS-160. There are two ways for creating a new DS-160 without going through submitting the whole application again. 

First, if you have already saved the application locally on your system you can use that file to make changes to the information and submit again. Again the corrections/changes have been made to the new application, the visa applicant must save and submit the new application thereby generating a new confirmation page with a NEW barcode. 

Second, if you had submitted the application within 30 days, you can log onto the CEAC system and select the option “Retrieve an Application” using your application ID number. 

Follow the instructions to create a new application or go to the confirmation page.  To make a new DS-160, click on “Create a New Application”, and the entire application will reappear. This may exclude the page where you filled your travel plans to the United States.  You can edit and update the information and resubmit the application again. This will generate a confirmation page with a NEW barcode.

Carry both the DS-160 for the visa interview.

I hope this helps you.

Admin

IANAL

Hi ADMIN,

Hi ADMIN,

 

Greatly appreciate your help, I do understand that once a DS 160 is duly filled out and an appointment taken with the uploaded form's barcode, there is NO WAY to change it.

This is the below query that I have now -

Just in case I fill a DS 160 now, upload it using the OLD H1B petition no (JUST TO SECURE A VISA DATE OF OUR CHOICE) as it is 3 months prior, and lets say I get an appointment of my choice.

Now on the day of the interview my DS 160 would not be current as it has an old petition no, so is it possible for me to JUST fill a NEW DS 160 and ONLY PRINT it out without taking an appointment.

So by doing this I have 1 old DS 160 with the old info, using the bar code of which I have taken interview and I also have a new DS 160 with the MOST CURRENT info however I have not taken any appointment with it.

This may sound silly, but is it EVEN possible to print a DS 160 without taking appointment ?

Thanks.

 

 

Hi Kash,

Hi Kash,

Yes. Filling the DS-160 is the first step. You will need the Bar code number for scheduling the interview later.

Yes you will have to take both the original and modified DS-160 with you for the interview. Based on your first DS-160 and the fee you will get the appointment. You do not have to pay the fee again when you make changes to your DS 160.

The guidelines on filling the DS-160 on the CEAC website are quoted below to help you.

Admin 

Electronically submitting your DS-160 online application is the FIRST STEP in the visa application process. The next step is to review the internet page of the embassy or consulate where you plan to apply for your visa. Most visa applicants will need to schedule a visa interview, though some applicants may qualify for visa renewal. The embassy or consulate information may include specific local instructions about scheduling interviews, submitting your visa application, and other frequently asked questions. If you do not plan to complete your application within the next 30 days, download your application to your computer by clicking the “Save” button at the bottom of the last completed page. Follow the instructions. When you are ready to complete your application, select “Upload an Application”.

hello sir /mam

hello sir /mam

My wife recently applied for her H4 renewal in india at Mumbai consulate using drop box services  as she was eligible for that. because there was no change in my company or job description. now after applying within 2 days upon tracking her passport, it was ready for pick up. when we picked it up. there was no 221g letter or refusal letter with it nor approval stamp on her passport. we received one letter which was regarding in case of chile abuse or emergency what are the services to be called. so i called the US consulate support at Mumbai. they advised me to create a query in the account which was created for application purpose. we created a query ( after that we got a response back with "date: time of response: hold case/221g & refusals/214b". now when i check the case status online it is showing "administrative processing". so i am confused with, whats should i determine from this?, how much time required to get an update on case or for the process?. can you please advice me on my case. is it possible they wont stamp anything on passport but approve VISA if yes than why it will show administrative processing when we check online status. i am eagerly waiting for response. Thanking you in advance.

hello again

hello again

one more question in my mind is: does it make any difference if i didnt file her extension in US as she was travelling to india before her VISA expired. does it cause this problem if she wants to get an extension on my new I-797?. please help me out with this.Thank you again.

Hello Jayesh,

Hello Jayesh,

Sorry you are in this situation. No, the visa must be stamped in the passport. Yes maybe they need your current I797. 

Usually they ask for more documents in which case they evaluate the documents or run a background check. Thereafter the documents are returned and a request for submitting passport again is made.

Unfortunately there is no way to predict how soon you will hear back from the Consulate? Sometimes it may take about a week and at other times it takes up to 60 days. Please be patient with the process and hopefully you will get the visa stamped soon.

Thank you,

Admin

IANAL

 

Hi Admin,

Hi Admin,

Query 1 - I heard that while going for the biometrics scan
(fingerprints) if one has mehendi / Henna on their hands (that most
Indian brides have) the scan fails and the person is asked to come back
for a re-scan
Is this true ? Kindly confirm
My wedding is on April 18th and I am planning to attend visa interview around the 21st / 22nd
Any advice would help.

 

Query 2 - The surname in my passport is BLANK, and given name is Nithya Kashyap.

Hence while filling the DS 160 what should I fill under given name and what should I fill under surname.

Kindly confirm.

Thanks

Hi my husband has a H1 visa

Hi my husband has a H1 visa and working in US for 4 months.
I and my 3 kids want to apply for h4 visa to stay with him, what are the chances of our h4 visas getting approved.
how much salary should my husband get, so that he can show the consulate he can support me and the kids.
Kindly respond.
thanks

Hi all

Hi all

My husband is in USA since March, 2013 and my H4 visa has been applied though his employer in November, 2013. Till today, we have not received any intimation. I would like to know approximately how much time is required to get H4 visa? Also, I have not signed anywhere and entire process was taken up by my husband and my documents (passport, degree certificate, marriage certificate) have been submitted in soft copy.

Please help me understand the situation.

Debarati

Hi,

Hi,

I got married (court registered) in Oct, 2013. My husband is an H1B visa holder which got renewed (have approval letter), and hence requires stamping. I hold a valid tourist visa on my maiden name/passport and I will be applying for H4 for the first time with my new passport with spouse name included.

We are getting married in Church in May 2014 in India and thereafter I am planning to accompany my husband to NY on H4. We want to do a joint interview before the church wedding date. We filled up our DS160 forms. Then he created an account on the travel docs site for himself with me as dependent.

He qualifies for the interview waiver program since he had the same visa before with the same employer and also met the other criteria. If he replies yes to qualifying for the program, he receives a dropbox confirmation letter that only requires him to submit his document at the visa application center (no biometric or interview). It lists me as the
dependent.

Now the issue is I did not have this visa before. So logically I am required to appear for the interview. But I do not see any option to schedule interview just for me.

Also, Can my husband still say NO for IWP and can we go for a joint interview?

Thank you in advance!

-Mrs. Seques

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