H4 Visa stamping for kids


sivakpr

Recommended Posts

Hi,

Here is my situation, appreciate your advice.

My wife and I are on separate H1Bs and my kids are on H4 dependent on my H1B. The situation is my wife and kids are travelling to India and attending Visa stamping. Is there a possibility of taking visa interview appointment for my wife's H1B and my kids H4(who have approved I-539 as dependents of my H1B) at the same time. 

How can this planned, any suggestions are highly appreciated.

Best Regards,

Siva

Link to comment

Thanks for your response. I have different scenario, please help me.

 

1) As I mentioned my Kids H4 is dependent on my H1B. Suppose if I travel alone to India for 2 to 3 weeks 

Whether my kids can stay legally without primary H1B holder in US.  

 

2) I am planning to travel around June 20, 2016, before that if I can convert kids H4 to my wife's H1B by applying

I-539, Would it be fine or do I need to wait until H4, I-539 gets approved. Because H4 approval may take 2 to 3 monts

but I can't wait till that time to travel.  Please suggest

 

Thanks,

 

Siva

2) If I decide to travel alone to India, before travel if I file I-539 to change my daughters as dependents of Aruna and having receipt notice is sufficient or I need to wait till their I-539 to be approved for them to stay legally in US.
 
What I understand from some forums that H4 dependents can legally stay in for small duration while
primary H1B holder is away or in India until  H1 and H4 status is still valid. Request to check below link.
 
If H1 stamping rejection happens H4 depends may have to travel back to India immediately
Link to comment
  • 4 weeks later...
Is child's H4 stamping possible while parent's H1B is not stamped yet ? H1B is valid for 3 months and extension is yet to be filed. 

 

My son’s H4 is approved with my husband’s H1B petition from his employer. I have my H1B approval petition from my employer. We had planned to travel to our home country (all 3 together) and get both H1B visa stamping and our son's H4 visa stamping. But right now my husband is in a situation and may not be able to travel. 

 

1) So if only I and my son travel to India, can he get his H4 stamped based on my husband’s H1B approved petition, although he is in US and his H1B is not stamped yet? 

 

2)If above option is not possible, can I now apply for her H4 visa based on my H1B visa? What is the procedure for applying? What will happen to already approved H4 with husband’s H1B visa?

 

Any help is greatly appreciated. Thanks.

Link to comment

Archived

This topic is now archived and is closed to further replies.