Is it true?

[maryleee]

My brother applied green card for me a year ago.(I-130)
The question is :
Can I still apply nonimmigration visa ( H-4) to
enter U.S? Someone said no,because I already applied the
immigration visa.Is it true? I really appreciate your
help.

 

[jaxen]

not true

H visa has dual intent. U can apply for h4 while GC is pending. Answer the question on immigrant visa in the h4 visa application truthfully.

 

[maryleee]

One more question for Jaxen

jaxen,thank you so much for your quick answer.It is a big help for me.I still have one more question for you.
I went through the H1 FAQ,got some help but some question I feel so confused.
The big concern is that my husband used F-1 visa entered into U.S. After he graduated from UT,he got a job and H-1 visa. But he never got H-1 visa stamped on his passport. I understand that
as long as he stays in the U.S, he does't need to get H-4 Visa stamped on his passport. The question is :
Is there any problem for me to apply H-4 without my husband's passport been stamped in Vancouver Consulate?I heard someone had similar situation was been refused to give H-4.

Thank you very much!

 

[jbm]

it's always to be safe then be sorry

Some consulate requrires h1 stamp on husband's passport before issuing h4 visa.

I would say if it not too much trouble have him stamp h1 visa in his passport and try for h4 visa afterword. better get his employment letter, w2, recent pay stub, marrige certificate, marrige photos and his h1 approval copy along with his passport copy would work.


jb

 

[jaxen]

agree with jbm

Maybe your husband should try to get the h1 visa stamp alongwith your h4 in vancouver...

 

[maryleee]

Thank you jbm and jaxen

thank you very much!