My wife had H4b Visa regarding my H1B Visa status..please helpPlease Help

S

soori14

Registered Users (C)
Here is the case:
My wife was pursuing her h4 b visa and she had query as they want my passport to have current H1B visa stamped on it. My previous visa is valid until Feb2004 and my current h1 (i797) is approved until July 204. So i didn't get my passport stamped with my new H1 due to lack of time and i came back to USA. She is applying for her H4 with my new H1B which is good until July 2004. But Consulate is expecting me to have that visa stamped on my passport which i dont have.
My employer suggested i send a letter to consulate explaining the scenario. Will it help and have any weightage.if they are not happy with my letter will they request for further information or is there any case where they can upfront reject her Visa. Can u please help me. Its urgent
Thanks a lot
 
RE: Should not be an issue

Soori 14:

It's not at all a matter of concern as in this case you need to

- Forward a copy of the H1B Visa that is on your passport.
- She should carry the original I-797 Approval Notice of the new H1B Visa.
- Letter on your company letter head exlaining in l that you are currentyly employed, H1B Visa valid dates, job responsibilites and salary being drawn.
- Current paystubs.

Reason why you cannot have the new H1B Visa on your passport is that if you intended to renew it here in the US - The DOS would still have not approved the Visa because they do it only 60 days prior to the expiration of the Old Visa and would have advised you to carry your original I-797 Approval Notice and present it if asked at POE.

I was in the same situation that you are the only diffrence was i was with my wife at the consulate in New Delhi and was able to explain all in person.

Hope the above info helps.

Thanks
 
For your info:
If your passport is stamped with previous employer and if visa has not expired you can still send it for stamping.They will cancel the old employers visa on the passport and issue a new one.

Two months criteria will apply only for the present employer extension.
 
RE: Ding

I am speaking from personal Experience, i have the letter from the INS that stated the same, I changed from Comapny A to Company B - A is valid till 10/31/2003 and company B is valid till 10/1/2004 and the response i got last year was the one that i just mentioned - this year i got married and in Feb gave the interview in Delhi - Dont know if law has changed since then. The INS Alos refunded me $ 75.00 as they did not process my visa -
 
Soori,
as suggested by ur employer, send a letter staing y u are unable to have the latest visa stamped in ur passport now.
My friend had a query for H1 stamping - was asked for photos at his workplace. But as he was in India - he as not able to get photos. So, he asked the employre to take photos of his workplace and also a letter from his employer stating ahtt as hte friend was in India - the employre has taken photos of the workplace.
 
old visa

Thought it might help:

My wife got stamped recently 10 days back and I had the following:

my visa is valid till 2005 with Employer A and my h1-b was valid till 2006 with Employer B

On the top of it I changed my passport (one was expired as my 10 years limit was over) and had a new passport with out visa.
but as long as your visa valid you have to carry both old and new one.


nobody asked a question neither at consulate nor POE.Every thing was cool
 
Don't know if my experience would help..

I changed from F1 to H1B within the US & had never left the Us so never had any H1B visa stamped on passport.

In February my wife & son went to Bombay & they went to the US consulate to get H4 stamped. The consulate asked my wife for my H1B visa copy to which she told that I don't have a H1B stamped on my passport as I never left the US after changing status to H1B. She showed the officer original of my I-797 approval & letter from my employer certifying that I work for them.

The officer did not say a word & my family got the H4 stamped. Therefore based on my experience, I think absence of H1B visa copy of the principal applicant can be easily explained. Though they would definately want to see the principal applicant's original I797 approval.

Hope it helps.

titu
 
Re: RE: Should not be an issue

Hi,

Thanks so much for your response. It is very helpful to me.
I have a similar situation and my wife would be applying for her H-4 at New Delhi based on my old unexpired H1B visa stamp (valid till Feb 2006) and new I-797.
I will be in India when she applies for her first time H-4. You said that you were present at the consulate and were able to explain the situation? Did they allow you to enter the consulate with your wife even though you didn't need a new H-1 visa stamp?

Thanks,
Ajay



Originally posted by dude2711725
Soori 14:

It's not at all a matter of concern as in this case you need to

- Forward a copy of the H1B Visa that is on your passport.
- She should carry the original I-797 Approval Notice of the new H1B Visa.
- Letter on your company letter head exlaining in l that you are currentyly employed, H1B Visa valid dates, job responsibilites and salary being drawn.
- Current paystubs.

Reason why you cannot have the new H1B Visa on your passport is that if you intended to renew it here in the US - The DOS would still have not approved the Visa because they do it only 60 days prior to the expiration of the Old Visa and would have advised you to carry your original I-797 Approval Notice and present it if asked at POE.

I was in the same situation that you are the only diffrence was i was with my wife at the consulate in New Delhi and was able to explain all in person.

Hope the above info helps.

Thanks
Click to expand...
 
RE:akayal

Yes, They did allow me to enter the embassy, thou at the gate the guard did try to act a wee bit smart, however be adamant that you are sponsoring your wife on an H4 B Visa and you are required to be present to enable her get the visa, be smart at with guard, these guards act as if they are the officer in charge of issuing the Visa ... Do go in and oresent your case very well and it should not be a problem.. inside while giving the interview it was an easy one .. may be we were lucky.. but do go in with your wife..

Hope the information helps
 
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