can we apply for H4 visa while I-797 got approved but have not been to Stamping.

[vyju]

Hi 

I am on H1b visa and my husband I-797 got recently approved, but he is planning for a short trip instead of staying. 

Here the scenario is he has got his F2 and Business visa stamping approved around 1-2 years  back but had never traveled to USA due to his professional life. Now also he would like to apply for H4 and come for a short visit while his I-797 got approved but have not been to Visa interview and he is not intending to change his status at this point. 

Kindly advise for below queries:

- Is advisable to apply H4 while his I-797 is approved and also entitled to F2 and B2 - Business Visa already.

- Is it possible for him to change his status from F2 to H4 without freshly applying for H4 Visa interview? If so kindly provide the process details.

- What would be the situation and expected questions he might face at port of entry and H4 Visa interview if he had to go.

Kindly suggest me on this. 

Would be glad and very much thankful for your help. 

Thank you in advance.

vyju

 

 

 

 

 

[IUSA]

In your scenario: you were in F1 while your spouse was on F2 & now, you got H1b approval and you want your spouse to move to H4 category.

Also, your spouse got H1 approval too.

If this above is your scenario -

Yes, your spouse can apply for H4 without an issue. (remember that, do this will void the H1 approval )

If your spouse is in USA on F2 then he can apply for H4 using I 539 form to USICS. Change of status.

-Questions at port of entry for H4 visa would be easy compared to H1bs .. do not worry much.

 

 

 

 

[vyju]

Thank you for your response. 

From the above, you have mentioned " your spouse can apply for H4 without an issue. (remember that, do this will void the H1 approval )"  could you please explain me what exactly you mean by void the H1 approval.

Does that mean that the H1b approval (I-797 approval) my husband received is no longer valid, once his H4 gets approved?

If your response to above is, his H1 approval notice will be invalid forever once his H4 gets approved means; does that mean he needs to apply to a fresh H1 General visa under lottery system when he is ready to work?

What if,

After his short trip to USA to visit me on H4 is finished and he returns to India, after few months can he go for H1b stamping on his existing I-797 approve notice?

or

On other hand, when he is ready to move here to USA, can he come on H4 and do a change of status to H1b on this existing I-797 approval.?

 

Kindly clarify my doubts and advise us a right step ahead by not wasting our approved H1b notice. 

Thank you in Advance.

vyju

 

 

 

 

 

 

 

 

 

[IUSA]

-If you want to utilize the your H1b approval - it's better to apply for visa in H1b category. -- if things go bad- then you can always apply for H4 visa category.