H4 stamping without H1 stamp

pruthvihp

Registered Users (C)
#1
hi,

I got my H1 (had L1 and filed a change of status) this year. Till now my wife was on L2 and she too got her H4 (we both have our new I-94s). Due to some urgency she is planning to travel to India. We both do not have any H stamps on our passports. Will it cause any problem to her when she goes to Chennai for the H4 stamping. I have valid documents supporting my H1 status.

please advise.

thanks
Pruthvi
 

a101

Registered Users (C)
#2
it should not be a problem... but i am not sure

We r in the same boat. Me and my wife are both from Pakistan. Both of us have expired visa stamps in our passport (expired in June last year). We have valid I-797 extensions until June 09. Now, my wife is planning to go alone to Pakistan and would be applying for a new H4 visa stamp.

I was talking to my lawyers today and they mentioned that the VO could reject her application based on the fact that my H1 stamp is expired. This sounds weird as I know a couple of examples where spouses got visas without their primary H1 applicant, having a valid stamp. But I would like to ask if anyone of you know of a case where an H4 applicant was rejected due to this issue? Also, please respond if you or a friend of yours has experience getting just a new H4 stamp while the primary spouse's H1 stamp was expired.
 

kamrans

Registered Users (C)
#3
This happened with me few years back and the embassy rejected. For H4 the principal must have H1 stamped on his/her passport. This is mandatory as per USCIS, State department and the consulate.

Good Luck.
 

a101

Registered Users (C)
#4
Dear Kamrans,

Thank you for sharing your experience. My lawyers mentioned that too and its really worrisome but i am getting mixed signals. How certain are you that this was the cause of visa refusal? I just called the canadian embassy service line @ 1-888-840-0032 and gave my credit card info to talk to a person. He confirmed that there is no such dependency on H1 visa stamp for getting an H4 visa stamp. So, I don't know why there is a confusion? Did your wife apply in Canada or Pakistan?

I also remember the user webguru_2003 whose wife had got the visa stamp from Pakistan before he himself got his visa stamp from Canada. It looks like its on the visa officer and his mood. I am trying to find something / a regulation etc., in a written form.
 

skali

Registered Users (C)
#5
My wife and daughter got their H4 visa stamped from chennai consulate back in March 2006. everybody's visa expired 1.5 years back that time. They just asked why your husband didnot come for the stamping. She said, "he is coming only after 2 months on vacation, that time he will get the visa". thats is no further questions asked. I guess you got your wife's H4 approval also.

SK
 

a101

Registered Users (C)
#7
it is a bit of a risk

I appreciate all the input.

I am finding that it is common that H4 applicants get their visas without any issues regarding H1 stamp status. However, I received an email response from Vancouver consulate that is saying this: "You will have to revalidate before she does if wants to apply for an h4 visa." :confused:

So, no single answer. I think there is a rule that is not followed strictly. As skali mentioned that his family got the H4 without any problem while kamrans' family was refused the visa. I don't know, but I think its not a big risk... some chance is there though.

Thanks again,
Ali
 

pswar

Registered Users (C)
#9
My wife went for her H4 Visa stamping when my visa was expired(for about an year at the time) to chennai and got the stamping without any problem.

My lawyer prepared all the documentation for the visa interview and never mentioned anything about me having the valid visa at the time of my wife's visa interview.

Only thing they technically should look at is the legal status of principle applicants in US, not the visa stamp.

So i would say go with confidence. And, if possible take a print out of some official documentation that specifies that this infact is true. It might come in handy if visa officer says against this.

Good luck!
 

a101

Registered Users (C)
#10
Thanks for all the inputs. It certainly helps me build the confidence regarding my wife's application. As my lawyers mentioned, it is on the Visa Officer's discretion to use this as an excuse to deny the stamp. We have an example that it had happened. But I believe, its only in rare circumstances. So, hopefully, we'll be fine. I'll update you in another few weeks regarding the outcome of my wife's interview in ISB.
 

pruthvihp

Registered Users (C)
#11
sorry that I was lost ..
better late than never ..

thank you all my friends for your replies.

My wife is in India, she is yet to go for H4 interview.
I will update once she attends it

thanks again
 
#12
You can get an H4 if your visa has expired

I got my stamping very recently and my husband's H1B had expired last november. I went for an H4 stamping and I got it. So there are no issues in getting your H4 stamped even if the visa has expired in your Husband's passport.
 
#13
Hi Pruthvi,

I have a similar issue, My wife is in India and i am not sure if i can get their H4 Stamped without me. I am in US and do not yet have a H1 Stamped, Was on L1 and got H1 and H4 Here.

I think your Wife must have gone for stamping by now. Would you be able to confirm if she got her H4 Stamped.

Thanks
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H4 stamping without H1 stamp

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hi,

I got my H1 (had L1 and filed a change of status) this year. Till now my wife was on L2 and she too got her H4 (we both have our new I-94s). Due to some urgency she is planning to travel to India. We both do not have any H stamps on our passports. Will it cause any problem to her when she goes to Chennai for the H4 stamping. I have valid documents supporting my H1 status.

please advise.

thanks
Pruthvi
-------------------------------------------------------------------------------------
 
#15
Hi Pruthvi,

I have a similar case like you. I would like to know that for H4 stamping H1 ( spouse) is required? Our case is also like u. L1 to H1 & H4 respectively.

I appreciate if you reply my query.

Thanks in advance.
 
#16
Hi,

I am planning to go to India next month and I have H1 and valid i94 till 2020 but my passport doesn't have my visa, so I am planning to go for stamping when I go. The problem is I am planning to take my son with me and he has H4 based on my husbands H1 and my husband is not travelling with us he will be in US only also my son doesn't have valid visa in his passport, so my question is can I take my son with me and what is the procedure for his stamping? can I go for drop box? will it be a problem for his stamping since the primary holder(my husband) is not travelling.

Also my husband couldn't travel since he is transferred to different state and filed amendment which is under processing, will it affect my sons stamping? please help with some information.
 
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