H4 visa application without H1 visa stamp

[maxent]

My wife joined me as F2 and now I am H1 and she is H4. We have not get visa stamps from a consulate. She is planning to going back for a visit. The lawyer told me that the consulate will not grant her visa because I do not have a H1 visa stamp. I am wondering whether anybody with similar experience can provide some insight.

Your help will be greatly appreciated.

Thanks

 

[ginnu]

My wife joined me as F2 and now I am H1 and she is H4. We have not get visa stamps from a consulate. She is planning to going back for a visit. The lawyer told me that the consulate will not grant her visa because I do not have a H1 visa stamp.
------ H1 holder dont need VISA stamp in passport, your spouse CAN get H4 based on H1 approval
I am wondering whether anybody with similar experience can provide some insight.

Your help will be greatly appreciated.

Thanks

 

[talkative]

While technically, she should get a H-4 stamp, there have been posts here before from people who tried precisely what you describe and ran into trouble, even when applying in home country.

If you both have straightforward cases (no out of status or complicated paperwork, and reasonably legit H1 sponsoror), and you don't feel that your profiles will trigger extra security checks, you can try going to Canada/Mexico and applying there.

The key is to apply together - the dependent has lot less risk while applying together. In fact, Chennai consulate recommends this.

Finally, the safest option is for both of you to apply at your home country consulate, together. That carries the least risk.

~T

 

[programmer76]

Talkative,

My passport had H1 stamp from my old employer which was going to expire just after a month & still my wife got H4 visa valid until next 2007 just before few days ago from India only. Your wife can get visa without your stamp. Have faith in God and hope for the best.