H4 Visa without H1B Stamping

nani22b

New Member
Hello,

My spouse went to India on 10/01/2018. She was in US for 2 years on F2 visa. My H1B is approved the last week. I have my I797A Notice.
1. Can my spouse go for H4 stamping without me/without H1B stamping on my passport?
2. if Yes, while scheduling visa appointment, there is an option called "Principal Applicant Visa Class". Since I don't have valid H1B visa now and I am on COS in US, what should be the option that we have to select? is it H1B or F1

Thanks in advance.
 

nelsona

Registered Users (C)
Are you currently in H1-B status, ie. did your I-797 come with an I-94 attached? if so, then she is eligible for H4 visa regardless of what is stamped in your passport. She will needs a copy (or the petition number) of the I-797, or at the very least a copy of your I-94.
 

nani22b

New Member
Are you currently in H1-B status, ie. did your I-797 come with an I-94 attached? if so, then she is eligible for H4 visa regardless of what is stamped in your passport. She will needs a copy (or the petition number) of the I-797, or at the very least a copy of your I-94.

I have i797 with I-94# mentioned on it. (Attached) or do I need to get a separate i94 document?
1540308557552.png
 

nelsona

Registered Users (C)
That is your I-94 in H1-B status. A copy of that sheet is what she needs to get H4 visa. so will you to get H1-B visa.
You are in H1-B status as of 10/18/2018. What other status could you be in?! You will be wanting an H1-B visa. Forget F1/F2 that is past.
 

nani22b

New Member
That is your I-94 in H1-B status. A copy of that sheet is what she needs to get H4 visa. so will you to get H1-B visa.
You are in H1-B status as of 10/18/2018. What other status could you be in?! You will be wanting an H1-B visa. Forget F1/F2 that is past.
Thanks man !! I have one more question, while filling DS-160, does she need to include "after marriage" name in "Other names" list?
Her passport and every other document has maiden name. Only the marriage certificate says two names, before marriage name: <with her father's last name> and after marriage name: <with my last name>. And, we don't want to change her name on passport until next renewal
 

nelsona

Registered Users (C)
I would.
For countries where the woman typically keeps her maiden name as her legal name, it is usually advised to list her "married" name as another name on her US immigration forms, when asked, regardless if she later formally changes it or not, since it is often used informally/socially.
But her primary/official/first-listed name should be the one on her current passport.
 

nani22b

New Member
I would.
For countries where the woman typically keeps her maiden name as her legal name, it is usually advised to list her "married" name as another name on her US immigration forms, when asked, regardless if she later formally changes it or not, since it is often used informally/socially.
But her primary/official/first-listed name should be the one on her current passport.
Thanks!!
 
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