Is H1 stamp required for spouse's H4? *very important* Jaxen/Jim/Anyone?

S

SFBS

Registered Users (C)
Hello everyone,

Could any please let me know if an H1b stamped is required to be in the passport, if the wife is applying for a H4 visa in Islamabad, Pakistan.

I got an adjustment of status from f1 to h1 and never got a stamp in the passport. Did not feel the need as i do not intend to travel. However, I got married here and my wife came on her vistors visa.

My emplyer tells me that inorder for him to file my I 485, it is recommended that she have an H4. He tells me that since I do not have a an H1 stamp in my passport, my wife will not be able to get her H4.

I just need a second opinion about the h4 for my wife. Is that true or false?

I would have gone, but I have heard that they are taking up to 2 months in Pakistan for males, so I am kind of sceptical. If my wife can go and get her stamp, then I could continue the final stages of my green card.

Jaxen/Jim please advice or anyone who might have some insight on my situation.

Please update thread for more information, if needed. Thanks.

Farhan :confused:
 
H1 stamp on your passport is not legally required for your wife to apply for H4. However some consulates (I hear this is true in India) expect to see the H1 stamp on the principal's passport. See for example http://www.murthy.com/UDinchen.html

As for the consulate in Islambad, check for information on the web ...
 
True

You need at least one h1 stamp in your passport in order for your spouse or dependents to get a h4.
 
Thanks

Thanks Raj and Jaxen for your input. I called the US Embassy in Islamabad, yesterday and they told me that it is not required for me to have the H1 stamp. As long as I have a valid I797 my wife should still be able to get her h4. Should I take their word for it or it is just there way trying to mess with people....?
Farhan
 
It is good to hear that the consulate is not insisting on seeing an H1 stamp on your passport. I guess you'll have to make the final decision whether or not to have your spouse go for H4 stamping without your H1 stamp. In your position I might take the risk and try for the H4 stamping. The reasons include: (1) It is expensive for you to go and get the H1 stamp in Islamabad (2) It is time-consuming for you to go, and also time-consuming to get your H1 stamp (3) It is always risky to be out of the country without a visa to return (4) The consulate has told you that they dont need to see an H1 stamp on your passport.

But note that even though they said your H1 stamp is not required, they could still ask for it in the name of ascertaining your valid status in the US. Even then, any denial is likely to be due to lack of documentation, and prior denial will not have any bearing on future application. Then you can go there and fight with them. For now it may be advantageous if your spouse takes a letter written by you stating the reasons why you have not gotten an H stamp yet (but show it to them only if they ask for such things; dont produce anything unless they ask for it).

Please keep us informed of your developments.
 
How can H4 be done?

Hi guys
I am thinking about getting my wife her h4 visa. I have no idea about how to get this done. Do I need to submit a petition to INS and then have my wife go to a US consulate? or she can just make an apointment with the consulate and bring all the documents to get the h4 directly from the consulate? thank you.
 
Alan6: If your wife is currently outside the US, then she is not under INS jurisdiction. She has to take all the necessary papers and apply at a US consulate abroad. Of course you must be in H1 status for her to apply for a H4 visa.
 
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