H-4 stamping when there is an approved H1-B

[sumesh_abraham]

Hello...I have an approved H1-B. Since I could not find a suitable project that can initiate H1-B stamping and send me to U.S, I am planning to stamp H-4 and travel to U.S and then look for project through my company and do change of status to H1-B. My H-4 interview is scheduled for 21st May.

What can I expect during H-4 visa interview since I have an approved H1-B?. What should I prepare for to ensure that H-4 is not denied ensuring that my H1-B is safe as well? I got inputs from a friend that if I say to consular officer that I want to be with my wife for few months, he/she may question the intent of using H-4 as I can go on a visiting visa. If I say that I am not going on H-1 because currently there is no project for me, he/she may revoke the H-1.
What will be the best way to convince the VO? Does anyone in the forum have similar experiences?

Appreciate your help.

[kadkhiq81]

Have you tried to find another employer for a possible H1Bpetition trasnfer? Would you quit your existing company if your H4 approved?

[kram2usa]

sumesh_abraham,

We are in the same boat. Even i have an approved h1 visa. My h4 visa stamping interview is on May 20th 2013. While filling DS160 form, i gave 'NO' for the question 'Does anyone every filed any other visa for you?" So i am not expecting any questions in this context. I am actually worrying about the below question.

For a working dependent, I heard its mandatory to produce one of the following 3 documents during h4 stamping interview

1. NOC letter from current organization
2. Resignation acceptance letter
3. Leave letter

I can get resignation acceptance letter only after serving complete notice period. But, I have not yet resigned from current company.
Also, my employer is very much reluctant to provide either NOC or leave letter with a company header and logo.

So, I am completely clueless how to handle if such question was asked. Does this information true?

Can you please share your experiences??

[sumesh_abraham]

Thank you, kadkhiq81 and kram2usa.

kadkhiq81 - I am not currently looking for an H1-B transfer and no plan to resign from current organization.

kram2usa - The info that you provided on the 3 documents for working dependent is new to me. Where did you get this info?. Is this specific for H-4? My wife had her L2 visa interview in 2011 when she was working, but VO did not ask any of these documents. I am not sure whether my organization will provide these documents.

What are the documents that you are planning to carry for your H-4 visa interview?. Mine is on May 22nd 2013.

[kram2usa]

Thank you, kadkhiq81 and kram2usa.

kadkhiq81 - I am not currently looking for an H1-B transfer and no plan to resign from current organization.

kram2usa - The info that you provided on the 3 documents for working dependent is new to me. Where did you get this info?. Is this specific for H-4? My wife had her L2 visa interview in 2011 when she was working, but VO did not ask any of these documents. I am not sure whether my organization will provide these documents.

What are the documents that you are planning to carry for your H-4 visa interview?. Mine is on May 22nd 2013.

H4 got approved. No questions regarding my approved h1b or NOC as mentioned in my earlier post.

Below is my interview:

VO: Good Morning
Me: Morning
VO: Your wife is working with which company?
Me: Answered the org name and client name
VO: How long did you got married?
Me: Answered exactly
VO: Is it arranged or love marriage?
Me: Answer truthfully
VO: Do you have any kids?
Me: Answered...
VO: Have you ever been to USA before?
Me: No
VO: Do you love your wife? (Completely shocked/surprised with this question)
Me: Ofcourse
VO: Are you sure ? (with a big smile)
Me: Yes (with a big smile)
VO: Thank you sir, your visa got approved and you can expect it in a weeks time
Me: Thank you.

Hope this helps
All the best for your interview.

@sumesh_abraham

I carried the below docs for my H4 interview
1. BEP letter (given by my wife's employer)
2. I94 copy of my wife
3. 3 months payslips
4. complete petition set of my wife
5. Marriage certificate
6. wedding card
7. wedding photoes (around 15 in number)
8. NOC/leave letter from my employer