Question: H4 issue husband has travel document

[svangeti]

Can anyone has this situation before.

I have an EAD with travel document and H1-B approved valid till 2015. I want to apply a dependent VISA for my wife in India on my H1-B. Can I do that?

I do not have a valid VISA in stamping in my passport but valid H1-B (797).

Thank you!!

[pontevecchio]

yES

[svangeti]

pontevecchio -- My wife went to Hyd consulate and VO gave 221(g) saying "Applicant can come with husband, Application w/consulate PPT w/applicant".

In the interview he mentioned that "your husband doesn't have a valid VISA to enter into US, so he cannot go back to US without VISA. He needs to apply for a VISA and get it approved first". But here I have advance paroll which I can use it to travel outside US.

Any suggesstions?

Regards,

[pontevecchio]

You forgot to mention that you were using EAD as your work authorization. If you are in H1 status and not using EAD as your work authorization there is no way that the VO would say what was claimed. Lost in Translation seems the norm. What is it? What ARE YOU USING AS WORK AUTHORIZATION?

[svangeti]

I am using my H1-B as my work authorization.

[pontevecchio]

"In the interview he mentioned that "your husband doesn't have a valid VISA to enter into US, so he cannot go back to US without VISA. He needs to apply for a VISA and get it approved first"."

In that case I suggest no such reason was given and this is not the reason why your spouses H4 visa was delayed. You should consider waiting for a few days and then consulting the firm of Murthy ion Chennai.

You do not need a H1 visa IN YOUR PASSPORT for her to get the H4 visa.

[svangeti]

What do you suggest me to do? Should I go to consulate along with my wife? They are asking me to bring my passport with me.