H4 visa stamping without 797 notice approval


umamahajan

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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!

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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.

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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.

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