umamahajan Posted December 30, 2013 Report Share Posted December 30, 2013 I applied for change of status from F1 to H4 in October (Hubby renewed H1 visa in September: separate filing for me and him).At that time the I 539 processing time was 2.5 months for vermont center so I booked India tickets from Jan-March for 2 months thinking I will get my 797 before going.Now the processing time is shown to be 6 months, so if I do not get my 797 in time for me to stamp my visa in India can I still get a H4 based on his H1 and enter USA? I will be traveling alone so I will only have hus approval notice.Anyone have any experience with this?Thanks for your help! Link to comment
jairichi Posted December 30, 2013 Report Share Posted December 30, 2013 I applied for change of status from F1 to H4 in October (Hubby renewed H1 visa in September: separate filing for me and him). At that time the I 539 processing time was 2.5 months for vermont center so I booked India tickets from Jan-March for 2 months thinking I will get my 797 before going. Now the processing time is shown to be 6 months, so if I do not get my 797 in time for me to stamp my visa in India can I still get a H4 based on his H1 and enter USA? I will be traveling alone so I will only have hus approval notice. Anyone have any experience with this? Thanks for your help! Yes, at the time of interview you need to show VO a copy of your husband's I797. Link to comment
pontevecchio Posted December 30, 2013 Report Share Posted December 30, 2013 That 797 is totally not related to your getting a H4 visa. Forget that 797. All you need to return is a H4 visa. COS processing time in this case is irrelevant to you. Enjoy your trip. Link to comment
umamahajan Posted December 30, 2013 Author Report Share Posted December 30, 2013 So my COS application does not matter as long as I stamp my Visa in India right (my husband's H1 is valid till 2016 and I have his 797 and I 129) ? I just want to make sure that when I come back and enter US it wont be an issue (me not having my approval from original COS application that I filed in Oct) Link to comment
jairichi Posted December 30, 2013 Report Share Posted December 30, 2013 So my COS application does not matter as long as I stamp my Visa in India right (my husband's H1 is valid till 2016 and I have his 797 and I 129) ? I just want to make sure that when I come back and enter US it wont be an issue (me not having my approval from original COS application that I filed in Oct) Your COS application is considered abandoned once you leave US before approval. So, you would need to apply for a H4 visa to enter US with a copy of your spouse's I797. It is that simple. Link to comment
pontevecchio Posted December 30, 2013 Report Share Posted December 30, 2013 H4 extensions are status extensions. There is nothing called a H4 petition. You enter with a H4 visa and the approved H1 petition of the person in H1 status. Link to comment
umamahajan Posted December 31, 2013 Author Report Share Posted December 31, 2013 Thanks so much Link to comment
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