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H1 for myself and H-4 for husband stamping in India

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  • H1 for myself and H-4 for husband stamping in India

    Hello Members,

    I have few questions and I am hoping I will get the answers here:

    1. I am on H-1 Visa and working in the financial sector and my husband was on OPT and currently he is on the 60 day grace period which ends on June 1st. We want to get my husband's status to H4 (dependent visa). To do so, we have 2 options:

    a) We both go to India (since I don't have my H-1 stamped yet) , I can apply for H1 visa stamping and add him on DS-160 as dependent
    b) Apply for change of status in the US to H4 for my husband

    For option 1, we foresee that the following question can be asked of my husband. Given his situation that he was on OPT and did not get a job and now wants to go on H4, he would be asked that why he wants to do that and that he would be looking for jobs being on H4. Is that a reason that H4 could be denied to him as he could be expected to look for jobs in the US.

    For option 2, I was told that change of status would take 6 months to happen if I file that while being in the US. However, my husband's passport expires in September 2013. Hence, would it be advisable to file for change of status to H4 with a passport validity of less than 6 months.

    I want to know the pros and cons of the above options.

    2. Also, our passports are expiring and we need to get them renewed. We are planning to apply in the NY consulate.

    a) In my husband's case given his visa status (60-day grace period after OPT expiration) , what are the chances of him getting his passport renewed here in the US?
    b) I can apply for my passport renewal here and my husband can apply in India but I need to get my H1 stamping date soon if we decide to go to India. Can I fill out the DS-160 with my new passport details and my husband's old passport details?
    Also, would we get an interview since my husband's passport would have less than 6 months expiry. Surely, my husband would have the new passport on the date of interview.
    c) If I fill out DS-160 with ONLY my information to get H1 stamping date, can I add him later to the same application when he has his new passport ready? This way we both can appear together for the interview.

    Any advice/help on the above questions would be greatly appreciated.


  • #2
    H1 for myself and H-4 for husband stamping in India


    I can respond to the first query of changing from OPT to H4 visa.
    As long as your H1 is in order your husband should not have issues getting on H4 considering the fact that you are married and want to live together. As a backup during the interview if asked, he can say that he is exploring certification or PhD programs, but I doubt something like this will be asked.

    I had a colleague who is married and was working in the US. Went to India for his H1 stamping and got rejected. During the same visit he applied for an H4 and was granted. As long as your husband has followed standard legal procedures and your employment is solid (pay stubs, etc) he should not have a problem getting an H4.

    I do not know much about the other questions that you have asked.

    Hope this helps.

    This is my opinion and experience and in no way is a legal advice.