H-4 visa stamping

[smit2001]

Hi All, I m pricipal H-1B(part-time) holder and my wife is on H-4 now. This is my first time H-1B. I was on F-1 visa which was expired in May 2011, but I am on H-1 now without valid stamp in my PassPort. My wife wants to go India next month and she has to get her passport stamped for H-4 while coming back to US.

My question is, as I dont have H-1B stamp and I am on part-time H-1B, Will it create problem for her to get H-4 stamp?

Your valuable suggestions and time is greatly appreciated.

Thanks,

[saroseind]

Hi Smit2001,

Your wife just needs to carry a copy of your I-797 (H1B approval petition), stamp on your passport is only for entering USA doesn't have to do anything with your status.

She needs to submit the documents 3-5 working days before her appointment( if she is going to Hyderabad or Mumabi consulate). so when she comes on the appointment date her PIMS verification is already done.

So she can go to the stamping without a visa stamp in your passport. Since this is her first H4 stamping, make sure she carries marriage certificate, wedding proofs etc.

[Attorney_22]

Generally, it is not required for the principal H1B holder to possess a valid H1B visa in their passport for the principal’s dependents to be eligible for an H4 visa. This is also true in part-time employment situations. However, you should be aware that your current H1B employment should mirror the position described in the H1B petition and a recent employment verification letter from your company should accompany the other documentation your wife is brining to the H4 visa appointment. If you have further questions, please contact a qualified U.S. immigration attorney.

[smit2001]

Thanks every one for replying.

One more concern, Will it create problem to get stamp for H-1B part-time (30 hrs/week) ?

[JoeF]

Thanks every one for replying.

One more concern, Will it create problem to get stamp for H-1B part-time (30 hrs/week) ?

The only concern would be if your salary, which is presumably less than for a full time job, is enough for two people to live on.

[smit2001]

One more doubt,

My company is ready to file H-1 amendment(part-time to full-time).

I m not going to India and my wife is going to India.

I have one question : If I file an H-1B amendment, do I have to file anything for my wife too?

If No, then lets say she is in India and my H-1B amendment is approved here, then can she go to US consulate

for H-4 visa stamping with newly approved I-797(full time) and new labor certificate(full time) .

Your help is appreciated.

Thanks,

[smit2001]

Generally, it is not required for the principal H1B holder to possess a valid H1B visa in their passport for the principal’s dependents to be eligible for an H4 visa. This is also true in part-time employment situations. However, you should be aware that your current H1B employment should mirror the position described in the H1B petition and a recent employment verification letter from your company should accompany the other documentation your wife is brining to the H4 visa appointment. If you have further questions, please contact a qualified U.S. immigration attorney.

My company is ready to file H-1 amendment(part-time to full-time).

I m not going to India and my wife is going to India.

I have one question : If I file an H-1B amendment, do I have to file anything for my wife too?

If No, then lets say she is in India and my H-1B amendment is approved here, then can she go to US consulate

for H-4 visa stamping with newly approved I-797(full time) and new labor certificate(full time) .

Your help is appreciated.

Thanks,