H1B approved without COS. travelling to home country for H1B stamping. Planning to process H4 for dependent

[Ms2503]

Hi,

I m currently on F1 OPT and my OPT is valid for one more year. My H1B petition is approved without COS(since I travelled to my home country-India when my H1B petition was pending). I m travelling to my home country for H1B stamping. I have scheduled appointment for myself and my wife(H4). 

Before my H1B approval, I got married and my wife attempted F2 interview (When there was an RFE for my H1B petition) and the F2 visa request was rejected under 214(B)

Below are the questions which we want to clarify,

1.Is there any possibility of denial of my H1B stamping or rejection of my wife’s H4?

2.In case of H1B denial, will I be able to travel back to US without any issue? Will my OPT be still valid?

3. Is there any way for my wife to clear H4 interview and come to US without me going for H1B stamping?

[ashukla]

On ‎1‎/‎6‎/‎2018 at 4:12 AM, Ms2503 said:

Hi,

I m currently on F1 OPT and my OPT is valid for one more year. My H1B petition is approved without COS(since I travelled to my home country-India when my H1B petition was pending). I m travelling to my home country for H1B stamping. I have scheduled appointment for myself and my wife(H4). 

Before my H1B approval, I got married and my wife attempted F2 interview (When there was an RFE for my H1B petition) and the F2 visa request was rejected under 214(B)

Below are the questions which we want to clarify,

1.Is there any possibility of denial of my H1B stamping or rejection of my wife’s H4?

2.In case of H1B denial, will I be able to travel back to US without any issue? Will my OPT be still valid?

3. Is there any way for my wife to clear H4 interview and come to US without me going for H1B stamping?

Below are the questions which we want to clarify,

1.Is there any possibility of denial of my H1B stamping or rejection of my wife’s H4? I cannot say if there is possibility of denial but certainly there is no guarantee to get the visa either :) .

2.In case of H1B denial, will I be able to travel back to US without any issue? Will my OPT be still valid? I don't think so, as you have an approved H1B your OPT is not expected to be valid status anymore.

3. Is there any way for my wife to clear H4 interview and come to US without me going for H1B stamping? Y Yes she can appear for H4 visa interview without you going to H1B visa stamp interview. Just send her your approved I797 and schedule the interview in the appropriate category of H4.

 

Just to let you know that this is her first time H4 interview so she should all the related stuff like marriage certificate, wedding album of ceremony and etc to prove your marriage.

Good luck!!!!