can primary H1 visa holder cancel the H4 visa??

[keepthefaith]

if H4 extension is approved while dependent is in USA and doesn't have a stamp on the passport for new visa, then can primary H1 visa holder cancel the H4 visa??

[pontevecchio]

No.

[jairichi]

if H4 extension is approved while dependent is in USA and doesn't have a stamp on the passport for new visa, then can primary H1 visa holder cancel the H4 visa??

Only US consulate or immigration officials can cancel a visa. Why do you want to do so?

[t75]

A visa holder cannot cancel a visa. If the H4 is no longer a dependent, the H1B should notify immigration officials.  It would be best to consult an attorney to determine the dependent's rights. If the dependent is the spouse of the H1B and has abandoned the H1B, the H1B should also consult a divorce law specialist.

[keepthefaith]

i want to know because i am in usa and my spouse is in india as of now due to some personal issues and i am being forced to go to india and i am worried once i am in india my spouse might cancel my H4 and abandon me again. and also i don't have my spouse's approved I797 copy or any other documents needed for my visa stamping.

[t75]

If the H1B is not working in the US and is on an extended stay in India, you should be leaving the US since your status depends on the H1B maintaining H1B status.

 

You have no right to be in the US under the circumstances you describe; since you knew your spouse has no intention of maintaining a marital relationship with you in the US at this time, you do not meet the H4 requirement.  You need to return home and solve your marital problems. If you qualify for H1B, you should find an employer to file for you and then you can return on your own visa.

 

While he cannot cancel your valid visa, he is not required to give you the documents needed for stamping.

[rahul412]

i want to know because i am in usa and my spouse is in india as of now due to some personal issues and i am being forced to go to india and i am worried once i am in india my spouse might cancel my H4 and abandon me again. and also i don't have my spouse's approved I797 copy or any other documents needed for my visa stamping.

Is your coming back or not??

If not your stay in US will be unlawful.

[t75]

rahul,  The problem is that they are apparently separated. There is no telling whether the H1B has started divorce proceedings.

 

OP's best way to stay in the US is to exit and enter on own H1B.

[pontevecchio]

Forced implies coercion. The OP should have the gall to consult a Lawyer or Law enforcement if there is violence involved.