I797 now mandatory for first time H-4 (dependent) applicants?


darthvader

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Hello,

I am trying to apply for my wife's H-4 dependent visa against my sanctioned H-1B. I had some calls with USTravelDocs.com (http://www.ustraveldocs.com/in/) customer support regarding scheduling an appointment for my wife's H-4 visa interview for Nov 3rd week. She is currently in India, she has never been to US, and doesn't hold any other US visa at this point. She was NOT listed as dependent on my H1B petition filed and sanctioned in April-2012. USTravelDocs.com customer support says that, per the new policy effective Sept-26,2012, all the H-4 petitions (including first timers) now need to have a pre-approved I797 from USCIS. The petitioner (my current employer) needs to file a petition to USCIS against the main applicant's approved H1B I797, and the dependent (my wife) needs to carry with her a I797 notice from USCIS issued specifically towards her H4 petition, during her visa interview at US Consulate Mumbai,India. The official USCIS website (http://www.uscis.gov....00082ca60aRCRD ) or USTravelDocs.com/in website, however, doesn't claim this change yet. Customer supports however says that these websites need an update!

Talked to USCIS in US this afternoon. Talked to two diff Lawyers in US. Was told that US Gov hasn't made any changes in its H-4 visa application procedure this year.

Question - Does my wife need to have a pre-approved H-4 petition (I-797) before showing up at the US consulate for her H-4 interview?

Thanks a ton!...

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