Need correct advice on H4 stamping of my wife & son ??

A

AspireH1B

Registered Users (C)
Hello Folks,

When we applied for my H1 transfer the lawyer did not apply new H4 for my wife and son. So they do not have separate I-797 in their name.

And their passport has visa stamped till Oct 2008 & their I-94 is also valid till Oct 2008. Whereas my passport has visa stamped till Aug 2010.

So my query is -

1) Can we go to US consulate abroad and apply for H4 stamping on stregnth of only my I-797 ?

2) or do we necessarily have to apply for I-539 ( which is extension of status ) first. Get the approval and then go for stamping ??

Any idea or first hand experience ??
 
Yes, the I-797 of your approved H-1 is what your wife and child will receive the H-4 stamping from. The I-539 that would have been filed would have extended the stay in the US so they would not be invalid, however the consulate will need your I-797 in order to give them the H-4.

Nothing else is needed, i did the same with my wife.
 
Do we need letter from Employer for H4 stamping ??

Hi darren102,

Wanted to know whether do we need to carry a letter from employer (in the same format as "employment verification letter") stating or verifying the relationship between me ( principal applicant ) and my wife & son.

Anyway, I will be carrying my marraige certificate and my son's birth certificate, my paystubs, my original I-797, Bank statements etc.

But just wanted to be sure on whether we need a letter from employer for H4 stamping.

Any idea or did you carry one ??

Thanks.
 
An employer's letter is recomended. That should mention the principal applicant along with it's derivatives who need visa stamping. Show this letter only if asked for.
 
AspireH1B,
to my knowledge,
You can file an I-539 for extension of stay for your spouse and child based on your approver/pending I-129 application, with out having to leave US as their I-94 is valid until 2008 October. It has to be filed unless they have have plans to go abroad before their I-94 expires, in that case they can get the Visa abroad based on your approved I-129.


-anantha.
 
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