H4 visa with just H1-B Approval Notice

[jadijadi]

I got my H1-B Approval Notice (I-797 A) with I-94 card attached at the bottom, while in the US. I also have a pending I-485 (change of status) for my green card application. Based on that I was able to get an "Advance Parole" document that allows me to leave and re-enter the US without the need of getting an H1-B visa stamped on my Passport.

My question is about getting an H4 visa for my wife. She is currently outside the US and has never been to the US. Would I be able to apply for an H4 visa for my wife with just my H1-B approval notice (and supporting documentation)? Or would the US consulate require me to get the H1-B visa stamped on my passport first? Please note once again, that I do not need the H1-B visa stamp to be able to get back to the US since I have an "Advance Parole" document.

Thank you for any assistance on this matter.

 

[ginnu]

I got my H1-B Approval Notice (I-797 A) with I-94 card attached at the bottom, while in the US. I also have a pending I-485 (change of status) for my green card application. Based on that I was able to get an "Advance Parole" document that allows me to leave and re-enter the US without the need of getting an H1-B visa stamped on my Passport.
----- if you are on H1, you can get H1 stamp and having AP does not mean that you MUST use AP
My question is about getting an H4 visa for my wife. She is currently outside the US and has never been to the US.

Would I be able to apply for an H4 visa for my wife with just my H1-B approval notice (and supporting documentation)?
--YES, SHE can apply H4 if you are on H1 status
Or would the US consulate require me to get the H1-B visa stamped on my passport first?
-------------no that is not needed as you have valid status having valid I-94
Please note once again, that I do not need the H1-B visa stamp to be able to get back to the US since I have an "Advance Parole" document.
---------are you out of US at this time? if yes better get H1visa stamp and your wife can get H4 visa stamp and then you can use H1 for entry to US and she can use H4 for entry to US.
Thank you for any assistance on this matter.

-----------------

 

[jadijadi]

Thanks Ginnu,

Reason I want to avoid applying for H1-B visa stamp for myself is the indefinite amount of time US consulate can take in granting the visa or even denying it. Since I only get 2 weeks vacation, I would rather avoid taking the risk of putting in my application for H1-B visa stamp. Simply getting the H4 instead is straightforward. I'm currently in the US but do plan on traveling just for the purpose of getting my wife to the US.