H4 question - need your help

T

thotanaveen

Registered Users (C)
Hi,

Need your help regarding my case.

I am on H1-B visa and my stamping was valid only up to
9 may 2003. I have approved H1-B notice up to 26 may
2005 on different company for whom I am currently
working. I am now moving to another company and I have
filed for H1-B premium processing which I am expecting
any time this week.

My wife has H4 visa stamped up to 26 may 2005. She was
here for three months during August 2002 - November
2002. She went back to India and now she is planning
to come to US during end of June, 2003. When she was
there she changed her passport to change her last
name.

Now my questions are

(1) Does she need to go for H4 stamping again. Can she
be able to travel on her old visa (which is valid up
to 26 may 2005 and it is on my old company name and it
is stamped on her old passport before changing last
name).
(2) Will that be a problem if she go for stamping on
my new visa (which I am expecting some time this
week). I already pointed out that my visa stamping on
my passport got expired on 9 May 2003.
(3) Do I need to send my original approval notice to
her to get it stamped.

Please do advise me as to how to get her here during
end of June 2003.

I appreciate all your help regarding this.

Thank you
-Naveen
 
Naveen:

(1) does she need to go for H4 stamping again.
--- --NO, she should show both the passports at POE
Can she
be able to travel on her old visa (which is valid up
to 26 may 2005 and it is on my old company name and it
is stamped on her old passport before changing last
name).
--YES
(2) will that be a problem if she goes for stamping on
my new visa (which I am expecting some time this
week). I already pointed out that my visa stamping on
my passport got expired on 9 May 2003.
---not needed
(3) Do I need to send my original approval notice to
her to get it stamped? ---
As She has H4 Visa in her passport till 26 may 2005, she can enter with that Visa sticker even if that has your old employer name. She should keep BOTH the passports attached and show both the passports at POE
She does not need the copy of your new H1 approval but if you send her it is not a problem; she should show both the passports. If she has changed the name ask her to keep the copy of affidavit of name change(on Stamp paper from India it can be signed by Notary) with her you may need it in the future and nothing to do with POE
 
Thanks a lot Ginnu, I appreciate all your help.

the problem was she dont have last name on her passport before and that is one of the reasons why she change her passport to have last name. As you know the kind of problems one face with out last name in US. basically she could not do anything without last name when she was here. People here goes by the last name that is printed on visa but not on passport. They dont care what is written in passport but they care for the last name on H4 visa.

so my question now is will that be a problem if she goes for H4 stamping on my new H1 approval notice (I now know that it is not needed to get her here). My visa stamping on old company got expired on 9 may 2003. When she goes for H4 stamping she need to show my passport papers. Does the consulate people object H4 stamping looking at my visa stamping (that was expired on 9 may 2003)?

I appreciate all your time and help .. You are of great help.

-Naveen
 
If she wants to apply for new H4 Visa she should attach both the passports and explain in cover letter to Consulate the new Name and the earlier Problems faced, as she did not have her last name in the Passport. I don’t see any problems your Passport not having Visa stamp. You should send her the new approval notice, all the pages of your passport, I-129+LCA, employer letter, recent pay stubs, marriage certificate.
 
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