H4 Visa stamping for wife: Having two petitions I-797s one is valid till SEPT 2012 and another is valid from SEPT 2012 and valid till DEC 2014

[mraje]

I hold valid H1-B VISA which currently stammped, I have a petition I-797 for current VISA which is valid till SEPT 2012.I recently applied for an extension and got it approved and received a new I-797 valid from SEPT 2012 to DEC 2014 for the same employer.

I got married this year and now I am planning apply for H4 visa for my wife. But I have few doubts, any advise in this regards is really appriciated.

1. Should my wife need to carry both I-797s?

2. Which I-797 do should mention under DS-160/Visa appointment with VFS?

3. How will it affect my wife's I-94 dates?

4. which petition number will be mentioned in her H4 stamp?

Please advise.

Thanks,

--Manik

[immilkgukg]

I hold valid H1-B VISA which currently stammped, I have a petition I-797 for current VISA which is valid till SEPT 2012.I recently applied for an extension and got it approved and received a new I-797 valid from SEPT 2012 to DEC 2014 for the same employer.

I got married this year and now I am planning apply for H4 visa for my wife. But I have few doubts, any advise in this regards is really appriciated.

1. Should my wife need to carry both I-797s?

======> She should carry both if she goes to H4 interview before Sep 2012.

2. Which I-797 do should mention under DS-160/Visa appointment with VFS?

======> Enter the new one.

3. How will it affect my wife's I-94 dates?

======> If your wife was given visa, the visa expiry will normally be up to Dec 2014 so is I-94. It's under normal conditions but it all depends upon the documents you provide for the visa interview.

4. which petition number will be mentioned in her H4 stamp?

======> Both petition numbers will be mentioned.

Please advise.

Thanks,

--Manik

[mraje]

Any advice in this regards is really appreciated.

Thanks,

--Manik

[GC_Zoom]

Hi mraje,

please do what "immilkgukg" suggested. I did the same thing and that worked well.

Hope this answers your questions.

Regards,

[mraje]

OK guys here is an update,

Me and my wife both appeared for our VISA interview and fortunately both of us got thru.

Since mine was a VISA renewal case and her's was a regular (fresh) H4 VISA, we could not club the appointments together but appeared for the interview seperately.

Following are the answers to my own questions originally posted

----------------------------------------Question-------------------------------------

I hold valid H1-B VISA which currently stammped, I have a petition I-797 for current VISA which is valid till SEPT 2012.I recently applied for an extension and got it approved and received a new I-797 valid from SEPT 2012 to DEC 2014 for the same employer.

I got married this year and now I am planning apply for H4 visa for my wife. But I have few doubts, any advise in this regards is really appriciated.

1. Should my wife need to carry both I-797s?

Ans: Yes

2. Which I-797 do should mention under DS-160/Visa appointment with VFS?

Ans: I used my existing I-797 valid until SEPT 2012

3. How will it affect my wife's I-94 dates?

Ans: My wife got her I-94 dated until Dec 2014 at the port of entry.

4. which petition number will be mentioned in her H4 stamp?

Ans: Both the petition numbers are mentioned

----------------------------------------------------------------------------

Hope this helps somebody in the same boat I was.

[mraje]

Hi mraje,

please do what "immilkgukg" suggested. I did the same thing and that worked well.

Hope this answers your questions.

Regards,

Thanks GC_Zoom I followed what immilkgukg did except I mentioned my existing I-797 instead of my new one but it worked as well.

[raja0912]

I am also in same boat.

In this type of situations(having two I797s) does H4 takes more time than normal.

[mraje]

I am also in same boat.

In this type of situations(having two I797s) does H4 takes more time than normal.

Nope, atleast wasn't a case with me

[kn]

mraje,

I know it has been a few months but thought it will help me. You mentioned that you filled in your "existing" H1 petition number in DS-160. When you went for visa extension did you get your visa stamped till Sep 2012 or did you get till Dec 2014? Also did you give the VO both the petitions when he/she asked for the petition? Thanks for your help.

[mraje]

mraje,

I know it has been a few months but thought it will help me. You mentioned that you filled in your "existing" H1 petition number in DS-160. When you went for visa extension did you get your visa stamped till Sep 2012 or did you get till Dec 2014? Also did you give the VO both the petitions when he/she asked for the petition? Thanks for your help.

@kn: First of all I would like to clarify that, existing petition number was used on DS-160 for my WIFE (dependent) and NOT FOR ME (principal applicant).

You should metion everything latest on DS-160 for a principal applicant (i.e. you)

My case was little different. Me and my wife did not appear for the interview together. My wife appeared first and then me on the following day.

I recommend you consult respective VFS help desk. (mine was VFS Mumbai)

To answer your questions

1. In DS-160 for my wife I mentioned my existing petition which was valid till SEPT 2012.

2. My wife carried both the petitions and presented it to the interviewer.

3. My wife got her VISA stampped valid until Dec 2014.

4. My wife got her I-94 dated until Dec 2014 at the port of entry.

Hope this helps.

Please use my case only as a reference and please do not get confused with your vs your wifes DS-160.

[Rahul1980]

Hi when you got the h4 visa with 2 receipt could you tell me what was the start date of the visa. Was it starting from the start of the latest petition or from the day you got visa stamped assuming that your older petition was current.

[mraje]

Hi when you got the h4 visa with 2 receipt could you tell me what was the start date of the visa. Was it starting from the start of the latest petition or from the day you got visa stamped assuming that your older petition was current.

 

It was effective immediately the day we got it stamped.

 

Wish you good luck for your case in case if it is still pending.

[aaila_visa]

Thanks Manik for all the information. 

Did you and your wife travel before the new petition start date (sept 2020) or after ?

Edited September 12, 2020 by aaila_visa