H4 Stamping without H1 stamp on the Passport

[h136367]

Hi Friends,

I am a Sr. Consultant working in one of the Big4. I finished my Masters in 2011 and joined the firm. My firm applied for my H1B petition in April 2011 ( before I graduated) and got denial because they applied on my bachelor's degree and that time I have not joined the firm since I was in college. Later on, I joined the firm in August 2011 and started working on a project. My firm applied for my H1B once again in Sept 2011 under premium processing with the project details and everything and now I have my H1B approval. I have not traveled after my H1B approval thus I do not have H1B stamp on my passport.

In March, 2011 I went to India to get married while I was in college and on F1 status. While returning from India I applied for a F-2 visa for my wife. Her F2 was denied because I was only 3 months away from graduation.We applied for her B2 ( tourist visa) because she wanted to attend my graduation ceremony and wedding reception I planned in US. We both came to US ( me on F1 and my wife on B2) in April 2011. My wife stayed with me for 6 months and went back to India in Sept 2011 ( because her B2 expired). Now, here we are.. I am on H1B visa without any stamping in US and she is India on no status.

Question: - Can I send her my documents ( I-797 and supporting docs) to apply for H4 visa. I do not have H1B stamp on my passport? Will it create a problem? She took a date - 14 Feb for H4 interview but she got an email listing all documents she needs to carry. One document was ( Valid Visa copy of principal application if applying separately). Please suggest. What should I do?? I cannot go to India right now for stamping..

[Attorney_13]

So long as he primary H1B holder in the US is maintaining their H1B nonimmigrant status, the H1B holder is not required to have the H1B visa in their passport for their spouse who is outside the US apply for their H4 visa. The H4 visa applicant will be required to provide evidence of the marriage and that their spouse is maintaining H1B status in the US. Such documentation may include, but not be limited to, copy of the approval notice, H1B I-94 card, and evidence of work (employment verification letter, paystubs,etc).

Please contact a qualified immigration attorney to discuss the visa application process in more detail.

[bubbles5676]

Hi h136367, my husband and I are facing a similar situation. Please let me know how your wife's interview went on the 14th. Thanks!

[h136367]

Sure I will update the outcome and her interview experience in this thread. Good Luck. Thanks!

[bubbles5676]

Thank you so much and I hope your wife gets her visa approved. By the way, are you under the EVC model, full-time, or ??? Thank you!

[h136367]

I am FTE

[h136367]

Hi bubble5676 ,

My wife appeared for H4 interview yesterday and she got approved easily.Not many questions asked. what your husband does? When did you get married? Show pictures..etc

[jimiparekh]

Hi h13637,

Which consulate you went? Have you taken the appointment through VFS and asked to submit the documents 3-4 days before interview? One of my friend is in similar situation and VFS is not accepting the documents as he don't have H1 stamped and his wife is going for H4. Please read the below post which I also posted to forum. Please try to reply.

My friend changed from L1 to H1 (first time) last year. Both H1 and H4 were approved for 3 years and vailid till sept' 2014.

So their passports have expired L1 and L2 (for his wife and son) but not H1 or H4 stamped anytime.

Now his wife went to Inidia and took the appointment for H4 stamping for her and her Son. Appointment was booked and when they went to VFS for submitting documents, VFS refused to accept saying that "non-immigrant dependent can get visa only if the dependent have the visa stamped". As my friend never went for H1 stamping he don't have H1 stamp on passport.

Is this true? They don't stamp H4 for first time without H1 stamping? I know many cases where H4 got stamped with expired H1, but for the first time stamping I am not aware of such cases.

Does anybody have such experience?

Please share your experience.

Thanks.

[sarah04]

Ji

Hi h13637,

Which consulate you went? Have you taken the appointment through VFS and asked to submit the documents 3-4 days before interview? One of my friend is in similar situation and VFS is not accepting the documents as he don't have H1 stamped and his wife is going for H4. Please read the below post which I also posted to forum. Please try to reply.

My friend changed from L1 to H1 (first time) last year. Both H1 and H4 were approved for 3 years and vailid till sept' 2014.

So their passports have expired L1 and L2 (for his wife and son) but not H1 or H4 stamped anytime.

Now his wife went to Inidia and took the appointment for H4 stamping for her and her Son. Appointment was booked and when they went to VFS for submitting documents, VFS refused to accept saying that "non-immigrant dependent can get visa only if the dependent have the visa stamped". As my friend never went for H1 stamping he don't have H1 stamp on passport.

Is this true? They don't stamp H4 for first time without H1 stamping? I know many cases where H4 got stamped with expired H1, but for the first time stamping I am not aware of such cases.

Does anybody have such experience?

Please share your experience.

Thanks.

Hi! WHat was the outcome? Pls update. I am in a similar situtaion.

[jimiparekh]

sarah04,

With my friend the issue was different. In DS-160 form there was a question "Whether you are going for the visa for the same category as your previous visa? " And my friend answered "yes" instead of 'No' as earlier they had L1 and L2. He called VFS few times and then one of the representative told him that this is the issue. As he wrongly mentioned that they are going for the same visa as their previous category, VFS insisted to show the proof. So he changed the form with answer to above questoin as 'No' and then submitted the docs to VFS.

His wife got the visa too.