New Policy for H4/H1 >>Please help

S

Sahin

Registered Users (C)
Is this true that to apply for H4 visa stamp at consulate principal candidate (H4 holder) must have his H1 Visa stamp in his passport?? Is this a new rule?? I know people's wife got visa from back home consulate where principal candidate does not have visa, but have the valid H1B approved notice.

Is this not true anymore??

I am converted from F1 to H1, never had H1 visa in my passport. Cannot my wife apply for H4 from back home?? I heard that as I dont have VISA, she wont be issued visa. Is this fairly new policy.

Does anybody has any idea on this.


PS. I think, I shold not have posted this message here. I am sorry about that. Non immigrant VISA area looks like dead.
 
My cousing recently got her H-4 done at US Consulate, Clacutta using following docs:

1. Photo copy of her husband's passport
2. Her husband's original I-797 H-1B approval notice (she didn't
have a seperata H-4 approval/I-797)
3. Marriage Certificate
4. Employment verification Letter for her husband

She also submitted few other docs supplied by her husband like, bank acc stmt, tax returns, pay stub, husband's educational etc.

Her husband has a valid H-1B stamped and this is where ur case differs I guess. I don't think this should make any difference. Once INS approves H-1B/I-797 consulate generally doesn't reject H-1B or dependent visas as long as u provide necessary docs.
Please chekc with ur lawyer or u can also contact US consulates in India via email...they are quite good though they take a few days in replying...Good Luck!
 
H1/H4

Yes. Thats where I am confused. My lawer said that this is new policy. I used to know as long as I have valid H1b approval, my spouse shoud be ok. I know couple of my friend's spouses got H1b even though they dont have H1 stamp. They all had approval from INS. However, my lawer said that is is new policy, very new.
But it does not make any sense. I do not know why he told me that.

Didn't your cousin had to show weeding pictures.
The thing is I have to go US consulateat Dhaka, Bangladesh. They dont reply any email. This is very frustrating. US consulate's at India are much better and cooperative, I know this very well.
 
shoot an email to US Consulate in India anyway

AFAIK, she did not submit and wedding pictures as she had the marriage certificate.
I haven't seen or heard about the "new" clause ur lawyer is refering to but anything is possible after 9/11
I would say, send a query to US Consulate in India any way, u don't have anything to lose and im most of the cases visa policies are dicatated by State department to consulates which may or may not be different for India and Bangladesh...Good Luck!
 
Sahin again isn't this wrong forum to post this questions.

Hi Sahin,

I think if you are planning to visit dhaka, get your h1 stamp and h4 stamp for your wife. If you are not going let her go and try to get visa without your h1 stamp on your passport with valid I-797 (h1 apporval) and following documents

CARRY ALL YOUR DOCUMENTS LIKE ORIGINAL H1B APPROVAL NOTICE, I-129 PETITION COPY, EDUCATIONA AND WORK EXPERIENCE CERTIFICATES, ORIGINAL MARRIAGE CERTIFICATE, MARRIAGE PHOTOGRAPHS (ALBUM), APPLICATION FORM, FEES.

if it not possible, then u need to get h1 stamp on your passport by someway (canada/ mexico).

For the rule, I don't think it might be rule, but I think it's procedureal change after 9/11 for more safegaurd. My wife got her h4 by using my new I-797 and old h1 stamp on passport in back dec 2000 (pre 9-11) without any problem.

I hope this will help.

JB
 
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