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visa_stuck

DS160 - Converted from H4 to H1 - Type of visa

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The latest visa stamped in my passport is for H4. However the visa is expired but I have maintained legal status as the spouse is on valid H1B. I recently got my own H1B petition approved and now planning to go for visa stamping. While filling up DS160, within the "Previous US Travel Information" section, there is a specific question on "Are you applying for the same type of visa?" Should I answer this as "Yes" or "No". Note the last visa stamped in my passport is for H4 and I will be going for H1B visa stamping. In addition to response, If possible, I will greatly appreciate if someone can provide a supporting link [that supports a yes/no] - so that I can share it with my immigration/attorney team. Thanks!

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1 hour ago, visa_stuck said:

"Are you applying for the same type of visa?" Should I answer this as "Yes" or "No"

No, as the visa classification is changing from h4 to h1. This imho is common sense and doesn't need any supportive links. Why are your attorneys asking you to give them a link ? Its their job to clarify your questions and not the other way around.

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Visa and status are two different things.

Your last visa was an H4. If you are not going for another H4 visa stamping, you have to answer the question with a No.

And every immigration lawyer knows the difference between status and visa.

Edited by JoeF

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