Going for H-4 interview while having a H-1 approval letter (I-797)

H

h1b-h4

New Member
I am working on H-1 and my fiancee in India has her H-1 approval notice (no H-1 stamp yet) from a software consulting company, but we are planning that she should go with the H-4 option to avoid any risks inherent in the H-1 stamping process esp when its about software consultant.

Should I get her H-1 approval cancelled (if that can be done) before she goes for the H-4 interview, just to make sure that it all goes smoothly. Anybody went through a similar experience.

Also what will happen to her H-1 approval once she gets her H-4 stamped.

What should she write on DS-156 field 30, "have you ever been issued US visa", I believe having H-1 approval letter doesnt mean that the visa has been issued and she should write NO. If somebody can please confirm.

I would really appreciate some advice.
 
You cannot get H4 stamped for fiancee. H4 is only for spouse/dependent. If she is your fiancee she will have to come on H1/visitor visa.

h1b-h4 said:
I am working on H-1 and my fiancee in India has her H-1 approval notice (no H-1 stamp yet) from a software consulting company, but we are planning that she should go with the H-4 option to avoid any risks inherent in the H-1 stamping process esp when its about software consultant.

Should I get her H-1 approval cancelled (if that can be done) before she goes for the H-4 interview, just to make sure that it all goes smoothly. Anybody went through a similar experience.

Also what will happen to her H-1 approval once she gets her H-4 stamped.

What should she write on DS-156 field 30, "have you ever been issued US visa", I believe having H-1 approval letter doesnt mean that the visa has been issued and she should write NO. If somebody can please confirm.

I would really appreciate some advice.
Click to expand...
 
h1b-h4 said:
I am working on H-1 and my fiancee in India has her H-1 approval notice (no H-1 stamp yet) from a software consulting company, but we are planning that she should go with the H-4 option to avoid any risks inherent in the H-1 stamping process esp when its about software consultant.

Should I get her H-1 approval cancelled
------------------AND you or she also cant H1 approval notice cancelled only employer can revoke/ cancelled
(if that can be done) before she goes for the H-4 interview, just to make sure that it all goes smoothly. Anybody went through a similar experience.

Also what will happen to her H-1 approval once she gets her H-4 stamped.
----------if you are married to her then ONLY she can get H4 visa based on your H1 status and if she entres on H4 then she cant work on H4. if she wants to work then should get H1 visa stamp and enter on H1
What should she write on DS-156 field 30, "have you ever been issued US visa", I believe having H-1 approval letter doesnt mean that the visa has been issued and she should write NO.
-----NO ,if she has not any Visa stamped. approval letter is NOT visa

If somebody can please confirm.

I would really appreciate some advice.
Click to expand...
 
Thanks DSLstart and ginnu for your replies.

Yes I mean go for H-4 after we get married, sorry for the confusion.

If you throw some more light it would be great:

what will happen to her H-1 approval once she gets her H-4 stamped.

Can the visa officer find out about the approved H-1 and can he create any problems. And to eliminate any trouble, can the employer ask USCIS to revoke/cancel it before she goes for H-4.
 
h1b-h4 said:
Thanks DSLstart and ginnu for your replies.

Yes I mean go for H-4 after we get married, sorry for the confusion.
------------once you both get married and you are on H1 status she can get H4 visa stamp
If you throw some more light it would be great:

what will happen to her H-1 approval once she gets her H-4 stamped.
------------Nothing happens to the H1 approval notice, it will be of no use to your spouse if she does not get H1 visa stamp and dont enter on H1 status. if she feels or you feel that she can get H1 and the US employer will pay her once she stars work(no Bench or Table) then she should enter on H1 status. if she dont want to work then enter on H4 status and if she finds good employer then new employer can file her H4 to H1 Change of status in US and after H1 approval she can start working
Can the visa officer find out about the approved H-1 and can he create any problems.
----He can find out but it is not going to create any problems to get H4 visa stamp.

And to eliminate any trouble,
--------no trouble because of H1 petition approval, it is upto a person if he/she wants to work on H1 or not and Consulate is not going to force that she should get H1. they dont care
can the employer ask USCIS to revoke/cancel it before she goes for H-4.
-----------------not needed
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