H4 with no H1B stamp for husband

hashraf

Registered Users (C)
Can someone get an H4 visa even if the spouse who is working on H1B does not have a H1B visa stamp but is using AP for travel?
So, for example, H1B holder travels to homecountry with valid AP and gets married. Wife applies for H4 while the husband comes back to the US using his AP (staying on H1B status and not moving to EAD) since he does not have a visa stamp. Will that be an issue for H4 stamping? Can the H4 application show a copy of AP instead of a copy of H1B stamp of the husband?
 
Sure, thats no problem at all. You don't actually need a copy of the H1B stamp either. Just the original approval notice.

Can someone get an H4 visa even if the spouse who is working on H1B does not have a H1B visa stamp but is using AP for travel?
So, for example, H1B holder travels to homecountry with valid AP and gets married. Wife applies for H4 while the husband comes back to the US using his AP (staying on H1B status and not moving to EAD) since he does not have a visa stamp. Will that be an issue for H4 stamping? Can the H4 application show a copy of AP instead of a copy of H1B stamp of the husband?
 
Well, by using AP to re-enter U.S. an individual's status changes from H-1 (or any other temporary visa) to a parolee. If your husband want to maintain his H-1 status why dont he get the stamping along with you? ... At least get the H-4 stamped while your husband is in your homecountry.
 
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