H4 visa without H1B visa stamp in passport.

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rbrahmbh

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H4 visa without H1B visa stamp in passport. URGENT>>>>>

Gurus.. Need some help here.

My wife needs to get a H4 visa but I don't have a H1B stamp in my passport. I used AP to reenter in US.

Now H4 visa requirement says that principal applicant should have a valid H1B visa in his passport. Is there any way I can get that stamp in one week. Or is it o.k. for my wife to go without valid H1B visa stamp in my passport.

What are the possible ways this can be solved? Do I have to travel to India to get the H1B stamp?

thanks
Rakesh
 
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Answering your question about the visa stamp: You don't need a H1B visa stamp on your passport for your wife to get an H-4 visa abroad. My wife came with an H4 visa and I never got my passport stamped. She just used my H1B approval notice (w/o the attached I-94) and marriage certificate.

Now, as you came into to the US using AP, you don't have a H1B status anymore so I don't think your wife can get an H4 visa (and even if she can, and is able to enter the country, you can run into trouble later when they process your 485).

In summary, for an H4 visa, you need H1B status (not necessarily the stamped visa).
 
not really. use of AP does not automatically invalidate H1...

she can visit US consulate with all the pertinent papers (marriage cert etc. and original H1 approval notice)

Just curious, why don't see use AP? is she out of US and doesn't have AP?
 
She doen't have AP? I just got married...

Do I have to have a H1B stamp in passport for her to get her H4?

How about adding her in AOS process? She is going to enter on her H4 visa if she gets one.

So if using AP doesn't make my H1B invalid can I reenter US using my H1B if I decide to go to INDIA and get a H1B stamp.
 
I tend to agree with wac03-148, with one minor exception. Generally, a current unexpired H-1B stamp is actually required to get an H-4 visa. If it was not the case with wac03-148, it can be safely considered as a fluke, an exception from the rule.

Not so long ago, Border Posts (US Consulates in Canada and Mexico) could issue new and replacement H-1B stamps for third-country nationals (non-canadians and non-mexicans, respectively). But the word on the street says that they became too picky in the recent years. It might be worth a try, though, as traveling to Canada is much easier than traveling to India. Research Department of State web site How To Apply For a Visa at a Border Post If You Are a Third Country National Present In The United States Or Visiting Canada for more information.

[Added Later]

For general information on AOS and marriage, follow this link: My adjustment of status is about to be filed but I may be getting married before the process is complete. Is it possible for me to marry and add my wife to my adjustment process after I have filed the adjustment but BEFORE it has been approved?
 
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The key question here is:
1. Have you ever used your EAD?

If you haven't then there is still hope, you can always go out of the country and enter on your H1 with original 485 in hand. Whereby you are not jepordizing your AOS processing and at the same time allowing your wife to enter on H4.

Coming back to the original scenario, while it is a problem for your wife to enter on H4 if you have used your EAD. I am sure she can enter, and there are high chances that she won't ever get caught. But that depends upon the risk you are willing to take.

I suggest you take it to your lawyer for a detailed explanation.
 
I haven't use my EAD at all.. I am still using my H1B. The only problem is I used my AP while coming back to US.

Anyway I am not taking any chances..My wife has an appointment to get her H4 on 19th of this month.

I will add my name into that appointment I will get my H1 multiple and her H4 at the same time.

Do any of you know how can I add my name inside the appointment that she has already taken?
 
Rbrahmbh and everyone else,

I also have the same questions what Rbrahmbh had.

Did you get your H-1B visa stamp in your passport for your wife to get her H-4 visa or it was not required?

I hope your wife got her VISA.

Please reply to this posting or write to me at XXX@XXX.XXX. I would really appreciate your help.

If anyone has any advise, please let me as soon as possible.

Thanks in advance for all your help.

Thanks,
Prasad.

EDIT BY MODERATOR: Removed email address from post
 
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To Rbrahmbh and wildcat2003

I went thru this same scenario:
1) Wife can apply and get H4 visa as long as you have a valid H1B status(you don't have to have H1b visa stamp in your passport. Although, lawyers always would advice to get your own H1-visa stamp just to be on the safe side and to increase the chance of your wife's H4 visa).
In my case, I didn't have H1-visa stamp, I had a valid H1b status. I entered USA on AP. My wife used my original H1 approval notice and got H4-visa.
2) Using AP to enter USA does NOT invalidate your H1b status.

Hope it helps.
 
Thank you very much Independent1971 for your quick reply. That was very helpful.

I have few questions.

1. Did you ever had H-1B visa in your passport? I never had a H-1B visa in my passport.
2. When did your wife get her visa (approximate date please)?
3. What kind of paperwork or precautions you have taken for the visa process?

If it is OK with you, please email me at XXX@XXX.XXX. I would really appreciate your help.

Thanks,
Prasad.

EDIT BY MODERATOR: Removed email address from post
 
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Please DO NOT take conversations that are useful to others offline! If everyone did that there would be no central repository, which I see you used to search up this old thread.
 
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