H4 request without H1B sticker?!?

[italianlady]

Hi everybody!
I am an italian woman, who finds this forum so helpful and decided to ask you about an urgent matter!!

My spouse has just sent me the material needed to ask my H4 visa.
- I-797 notice of approval valid until 2012
- his social security number
- his I-94
now he hasn't a H1B VISA stamped on his passport!!!

in a few days I have the interview... and I have no idea what to tell them
is it possible for me to ask this H4 VISA with a I797 and not a H1B VISA sticker on his passport??? he says that I797 is enough to prove he has a VISA, but i don't think it's the same! so what should I do?


gosh
help me please!

 

[fromnaija]

If his I-797 has an attached I-94 (which means he either did an extension of previous H1 or had chanhe of status approved) then yes, you can use his I-797 to get your H4 visa.
If I remember correctly my wife got her H4 visa just with my I-797 approval notice.
But just so you know some Consulate will ask for his payslip (to prove he is maintaining status), marriage license and photographs (to prove your relationship).

Good luck.

 

[italianlady]

thank you so much fromnaija... u understood the situation perfectly!
today I called the italian consulate, but they just told me that unless my husband gets his H1 visa stamped in his passport, whatever the reason is, I can never get my derived H4.
So I had to cancel my interview appointment.... HOw sad

thanks anyway for your helpfulness and kindness!

 

[ginnu]

thank you so much fromnaija... u understood the situation perfectly!
today I called the italian consulate, but they just told me that unless my husband gets his H1 visa stamped in his passport, whatever the reason is, I can never get my derived H4.
--------------why you called italian consulate? you will get H4 visa from US consulate.

So I had to cancel my interview appointment.... HOw sad

thanks anyway for your helpfulness and kindness!

Your spouse in US should contact US employer attorney and get the letter from attorney written to embassy/consulate that H1B Visa stamp is not required in spouse passport to get dependent husband or wife H4 visa stamp. If your spouse is working in US then his H1 approval notice, copy of his valid I-94 front and back, copy of marriage certificate, copy of passport and latest pay stubs are enough

 

[italianlady]

Your spouse in US should contact US employer attorney and get the letter from attorney written to embassy/consulate that H1B Visa stamp is not required in spouse passport to get dependent husband or wife H4 visa stamp. If your spouse is working in US then his H1 approval notice, copy of his valid I-94 front and back, copy of marriage certificate, copy of passport and latest pay stubs are enough

thank you ginnu!
I applied to american consulate in Italy sorry my bad writing! I'm in Italy at the moment, so I applied here

your advice is precious to us, so we will talk to this attorney as soon as possible, in order to solve the problem once for all!

I will let you know what happened
GRAZIE!

 

[fromnaija]

thank you so much fromnaija... u understood the situation perfectly!
today I called the italian consulate, but they just told me that unless my husband gets his H1 visa stamped in his passport, whatever the reason is, I can never get my derived H4.
So I had to cancel my interview appointment.... HOw sad

thanks anyway for your helpfulness and kindness!

That's not true! Someone in the Consulate does not have the experience required to treat the issue. In my case, I came to the US in 2001, and the visa in my passport expired in 2003. I got a new I-797 approval for a new H1 from 2003 to 2006. My family applied for H4 visa in Lagos, Nigeria in 2004 just with the approval notice and other document to prove relationship. Their visas were approved. So as someone suggested get an attorney involved.