pandirkar.pravin@gmail.com Posted March 2, 2015 Report Share Posted March 2, 2015 I have my H1B visa from Oct 2013 onwards.We recently got married I am calling my wife on H4 Visa for first time in United States of America.I have applied for her H4 Visa and she had an interview on 27th Feb 2015 which went under 221g for not having her own I-797 form. As per US consulate, my wife should have her own I797 with her name on it.When I asked my employer and attorney (Fragomen in California) I got a reply from them that she need my I797 form and not her since she is applying for first time for USA visa (H4 Dependent VISA)I have a confusion because she is in India and applying for H4 visa for first time, so my employer says she will not be able to get her I797 form, once she comes to USA she can get her I797.Kindly please help me to clear my confusion. Link to comment
rahul412 Posted March 2, 2015 Report Share Posted March 2, 2015 I have my H1B visa from Oct 2013 onwards. We recently got married I am calling my wife on H4 Visa for first time in United States of America. I have applied for her H4 Visa and she had an interview on 27th Feb 2015 which went under 221g for not having her own I-797 form. As per US consulate, my wife should have her own I797 with her name on it. When I asked my employer and attorney (Fragomen in California) I got a reply from them that she need my I797 form and not her since she is applying for first time for USA visa (H4 Dependent VISA) I have a confusion because she is in India and applying for H4 visa for first time, so my employer says she will not be able to get her I797 form, once she comes to USA she can get her I797. Kindly please help me to clear my confusion. She doesn't need her 797, but needs copy of YOUR 797. Link to comment
pontevecchio Posted March 2, 2015 Report Share Posted March 2, 2015 That is just not possible. All she needs to get a H4 visa is proof of Marriage and proof of your valid H1 status, H1 petition, job letter, stubs. Did she carry your H1 petition approval? H4 is ONLY a status based on your valid H1 status. There is no H4 PETITION involved. Link to comment
daya15 Posted December 7, 2015 Report Share Posted December 7, 2015 I got same 221g asking H4 I797... Link to comment
daya15 Posted December 7, 2015 Report Share Posted December 7, 2015 I have my H1B visa from Oct 2013 onwards. We recently got married I am calling my wife on H4 Visa for first time in United States of America. I have applied for her H4 Visa and she had an interview on 27th Feb 2015 which went under 221g for not having her own I-797 form. As per US consulate, my wife should have her own I797 with her name on it. When I asked my employer and attorney (Fragomen in California) I got a reply from them that she need my I797 form and not her since she is applying for first time for USA visa (H4 Dependent VISA) I have a confusion because she is in India and applying for H4 visa for first time, so my employer says she will not be able to get her I797 form, once she comes to USA she can get her I797. Kindly please help me to clear my confusion. Hi, How did you proceed with your case.. please help me as I am on the same boat... Link to comment
pandirkar.pravin@gmail.com Posted December 8, 2015 Author Report Share Posted December 8, 2015 Documents required: Spouse I797 spouse passport copy spouse visa copy spouse employer letter, salary paycheck, W2 spouse US residential address like bank statement or some bills. or lease copy of the rental. Marriage certificate. Applicant: passport, DS160, Marriage certificate, wedding album. They ask for H4 I-797, you need to explain the officer saying. I am currently in India and I would be travelling to US with H4 visa for the first time. Inform them spouse has contacted the attorney and show them the email copy of attorney discussion. Also you need to patiently explain them that H4 cant get I797. Then officer will go inside for 15-20 to check in their database about spouse immigration detials.... Hopefully this should help you all................. Link to comment
DeeChoksi Posted December 9, 2015 Report Share Posted December 9, 2015 Hi Pravin, 1) How long it took for you to clear 221g for your wife? 2) My husband and me both are in usa. He has valid H1 stamp till Oct 2017. I was also on H1b till Sep 2015 and filed for H4 + EAD in Aug 2015 using I539 which is still pending. I have to travel to India for wedding but I am afraid after reading your and Daya15's 221g incident as I will be travelling with baby and cant get stuck in India.I talked to lawyer and they said my H1->H4 case will be abandoned once I leave usa and I wont be getting I797 approval copy. Please suggest what do you think? Thanks Dee Link to comment
jairichi Posted December 9, 2015 Report Share Posted December 9, 2015 Hi Pravin, 1) How long it took for you to clear 221g for your wife? 2) My husband and me both are in usa. He has valid H1 stamp till Oct 2017. I was also on H1b till Sep 2015 and filed for H4 + EAD in Aug 2015 using I539 which is still pending. I have to travel to India for wedding but I am afraid after reading your and Daya15's 221g incident as I will be travelling with baby and cant get stuck in India.I talked to lawyer and they said my H1->H4 case will be abandoned once I leave usa and I wont be getting I797 approval copy. Please suggest what do you think? Thanks Dee Due to your travel your pending COS is considered abandoned. You need to for H4 visa stamping. It shouldn't be a problem to get a H4 visa. Link to comment
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