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If applying for H4B visa, is principal applicants' H1B visa required on the passport

Discussion in 'H Visa Issues at the Consulates and Visa Revalidat' started by vemula1, Apr 5, 2004.

  1. vemula1

    vemula1 Registered Users (C)

    Hello,
    My wife is going to the US Consulate Chennai to obtain her H4 dependent visa. My previous H1 visa has expired and I have received the approved H1 extension (I-129 petition). But I do not have the new H1 visa stamp on my passport (I have the old visa stamp but it has expired).
    My ques are:
    Is it necessary for the principal applicant to have a valid H1 visa on the passport in order for my wife to get her H4 visa stamp on her passport?
    The US Consulate Chennai website only says to submit a copy of the 36 pages of the principal applicant's passport. It does not mention about any visa on the passport. This is why I am confused.

    Thanks in advance,
    Satish
  2. bharad1

    bharad1 Registered Users (C)

    My wife got her H4 stamped last year in Chennai when I was in same situation (H1 approved but no stamp).
  3. vemula1

    vemula1 Registered Users (C)

    Thanks a lot bharad1,
    I shall go ahead and send all the documents that they have mentioned on the consulate website. Is there anything in addition that you may want to advise to take for the interview? Do I need to send the original copies for I-797 and I-129?
    Also, I had one more question. I haven't filed my taxes as yet for yr 2003 as my accountant told me to file for an extension and apply for taxes after my wife comes to US ( to get a tax break). So I do not have a 1040 but only an extension form. Will this is any way affect my wife's visa? I do have my W2 with me.

    Thanks,
    Satish
    Last edited by a moderator: Apr 6, 2004
  4. waitin_toolong

    waitin_toolong Registered Users (C)

    Also, I had one more question. I haven't filed my taxes as yet for yr 2003 as my accountant told me to file for an extension and apply for taxes after my wife comes to US ( to get a tax break). So I do not have a 1040 but only an extension form. Will this is any way affect my wife's visa? I do have my W2 with me.

    Well I dont think that is true. If your wife was not in the country the whole of financial year last year I dont think you qualify for rebate status for that year. After she comes here she will have to apply for SSN or ITIN before you can file taxes.

    I any case i guess if you have paychecks, the copy of extension might be enough.
  5. bharad1

    bharad1 Registered Users (C)

    I don't remember now If I sent tax returns. I did NOT send original I-797, just a copy (not notarized). I contacted the chennai consulate at the email address listed on their site, and asked them if a copy was okay, what documents were reqd.
    You could try doing the same.
  6. arshjit

    arshjit Registered Users (C)

    Vemula/ Bharad I have the same problem My wife is going to INDIA and will go to Delhi consulate to get her H4 visa stamped. My H1 VISA expired in Jan 2004 I got my approval notice on April 2nd for extension and change of employer. I have read following info on a web site

    "Note: You can apply for Visa revalidation for your Spouse and kids together. In case spouse and/or dependent children are applying for visa separately from the principal H1 holder, certified copies of the principal H1’s valid visa and valid I-94 (front and back) must be submitted in addition to all other requirements. "
    certified copies of the principal H1’s valid visa and valid I-94 (front and back) "

    http://www.path2usa.com/Visareval.htm

    Do you have any idea what do they mean by valid visa and valid I-94. How can we have a valid I-94 and Visa as we have got the approval Notice or it means that the primary applicant should get it stamped first and then the dependents can get it. (In case they do'nt file together for stamping.)
  7. vemula1

    vemula1 Registered Users (C)

    Hi arshjit,
    That is what really confuses me. Chennai consulate does not say/require valid H1-B visas while Calcutta and Delhi ask for a valid H1-B. Chennai requires copies of I-129 and I-797. And since we haven't gone outside the US, we do not have a valid H1-B stamp as yet.
    When they say valid, I think if you get a notarized copy of the documents, it will be fine.

    Satish
  8. GPra

    GPra Registered Users (C)

    Hi,

    I am in the same situation, I am here since 5 yrs and and I got my H1 extension for the third time last week, I have only my First stamping on the Passport which was done back in 1999 in Chennai. I haven't been to India since then. My Husband and daughter are on H4 and they plan to visit india this summer. there H4 also need to be stamped since they haven't gone since 2000. Is it necessary for the principal applicant to have a valid H1 visa on the passport.

    I have (IRS Form 1040 and W-2) for all 5 years and all other required papers.

    I cannot go as I have Project implemetation dead lines, can the H4 be stamped when my family visits India this summer.

    Thanks
  9. vmm

    vmm Registered Users (C)

    Hi GPra,

    I had heard that you are supposed to have your passport stamped (revalidated) within one year of the expiry of your stamping in your passport. If this is true, it might pose bad for you. If your trying to get your family here on H4, you would definitely want to have a look at this.

    Good luck!
    -vmm
  10. waitin_toolong

    waitin_toolong Registered Users (C)

    Please dont scare people unnecessarily. the one year after expiry window is for revalidation within US or through drop box. If he has proof of leagal status throughout, there should be no problem leagally. The only requirement is an interview.

    Hope this helps

    ----------------------------------------------------------------
    I am not a lawer.
    Last edited by a moderator: Apr 14, 2004
  11. GPra

    GPra Registered Users (C)

    Thanks Vmm,


    Myself and my family are already here since 1999, its just that our Passport is not stamped after we got our Visa extensions, we have all our Papers.. My husband and daughter are planning to visit India in June, since they are going, I wanted them to get their Passports stamped..

    Since I won't be able to visit India with them and get mine stamped, Is it possible for them to get it stamped without my stamping on the Passport?
  12. GPra

    GPra Registered Users (C)

    Thanks for the reply waitin_toolong

    you are right, I am carrying all the papers all these years and it's just that me and my family did not get a chance to visit India in all these years,
    and I guess I won't be able to visit this year again, but my daugter and husband will be visiting India in June. so I want them to get their Passports stamped while they visit. I will send all my approvals and Tax Papaers and Paystubs etc along with them.

    again my question was whether my stamping is required on the Passport before they get theirs stamped?
  13. waitin_toolong

    waitin_toolong Registered Users (C)

    Hi Gpra,

    Well, reading till now and based on experiences of other, it appears to me that the stamp is not necessary, but a notarised copy of the approval, or original might be needed. But still lately it appears that the consulates are unpredictable. You might wanna contact the appropriate counselate for confirmation.

    At the moment the information availabale on their website does not indicate the need for stamp of primary.
  14. GPra

    GPra Registered Users (C)

    Thanks again waitin_toolong

    I have sent a mail to ttssevices Chennai but I haven't got any reply yet, I am still waiting.

    Thanks
  15. arshjit

    arshjit Registered Users (C)

    Has anybody got any success for revalidating H-4 Visa from Delhi consulate. Any updates.
  16. arshjit

    arshjit Registered Users (C)

    Got H4 revalidated for wife at Delhi

    My wife submitted her documents at Delhi consulate on 3rd May and got the passports back with Visa stamped on 7th May. Too good.

    I just sent Notraized copy of my I 797 and all 36 pages of my passport (not notraized!!) with expired H1 visa (NO NEW H! STAMPED) Good luck to those who were confused about the matter that H1 should be stamped before revalidating H4.

    TTS guys simply refused to accept the documents as according to them orignal I 797 or a stamped valid Visa of primary was required. But my wife told them that she had emails exchange with embassy people and they told her to submitt the notarized copy. (Actually the response to the mail was "send all document listed on the website for fresh H4")

    Good luck to all
  17. alren

    alren Registered Users (C)

    TRUE. the one year is only for revalidation.
  18. GPra

    GPra Registered Users (C)

    Great Arshjit! Thanks for the information. I will do the same. Did your wife had an Interview or she just submitted the documents to TTS?

    Gpra
  19. arshjit

    arshjit Registered Users (C)

    She went Delhi and submitted documents there at TTS office. No embassy interview. Good Luck !!!!
  20. programmer76

    programmer76 Registered Users (C)

    arshjit,

    how long was the visa your wife got? in the question how long u want to stay in usa what did she answer and did they give visa according to that answer or according to the date in your I797 approval notice?

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