Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

Wife going for second H4 visa stamping without husband's new H1B stamp

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Wife going for second H4 visa stamping without husband's new H1B stamp

    Hi All fellow members,
    I have a one interesting question to ask. I did a lot of search regarding this but couldn't find the answer.

    I got married last year with stamped H1B (in 2011) from Company A, my wife got her H4 visa stamped last year. My H1B visa from company A was expiring in Sept 2014, hence my wife's visa aswell. Before the end of my H1B expiration I changed the employer and got approved for new H1B from company B, so did my wife. So now both of our visas are renewed till Sep 2017 (without stamping).
    Now my wife has to travel to India to attend marriage and she will have to re-stamp the H4 visa as old one has already expired. Can she get her H4 visa stamp before I can get my H1B visa stamped. The reason being, last year when she went for her first H4 she took my Passport with my stamped visa in it.
    Does she need to carry to consulate my ORIGINAL passport with her or just COPY of I-797A is fine. Also, I have just received I-94 part of the I-797 A do I need to get the full copy for this purpose.

    Thanks a lot in advance.

    I look forward to getting some advice on this topic.

  • #2
    Originally posted by Maverick2683 View Post
    Hi All fellow members,
    I have a one interesting question to ask. I did a lot of search regarding this but couldn't find the answer.

    I got married last year with stamped H1B (in 2011) from Company A, my wife got her H4 visa stamped last year. My H1B visa from company A was expiring in Sept 2014, hence my wife's visa aswell. Before the end of my H1B expiration I changed the employer and got approved for new H1B from company B, so did my wife. So now both of our visas are renewed till Sep 2017 (without stamping).
    Now my wife has to travel to India to attend marriage and she will have to re-stamp the H4 visa as old one has already expired. Can she get her H4 visa stamp before I can get my H1B visa stamped. The reason being, last year when she went for her first H4 she took my Passport with my stamped visa in it.
    Does she need to carry to consulate my ORIGINAL passport with her or just COPY of I-797A is fine. Also, I have just received I-94 part of the I-797 A do I need to get the full copy for this purpose.

    Thanks a lot in advance.

    I look forward to getting some advice on this topic.
    It normally is not an issue as long as the employer is genuine. Though rare but there have been cases where the primary applicant has been asked to attend the interview.

    She need not carry your original passport, a copy should be fine.

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by Maverick2683 View Post
      Hi All fellow members,
      I have a one interesting question to ask. I did a lot of search regarding this but couldn't find the answer.

      I got married last year with stamped H1B (in 2011) from Company A, my wife got her H4 visa stamped last year. My H1B visa from company A was expiring in Sept 2014, hence my wife's visa aswell. Before the end of my H1B expiration I changed the employer and got approved for new H1B from company B, so did my wife. So now both of our visas are renewed till Sep 2017 (without stamping).
      Now my wife has to travel to India to attend marriage and she will have to re-stamp the H4 visa as old one has already expired. Can she get her H4 visa stamp before I can get my H1B visa stamped. The reason being, last year when she went for her first H4 she took my Passport with my stamped visa in it.
      Does she need to carry to consulate my ORIGINAL passport with her or just COPY of I-797A is fine. Also, I have just received I-94 part of the I-797 A do I need to get the full copy for this purpose.

      Thanks a lot in advance.

      I look forward to getting some advice on this topic.
      just curious to know, if it was approved without any problem bcos I am also in the same situation now as you were in. Pls reply.

      Comment


      • #4
        221g to Spouse never answered by us.

        Originally posted by raghvi View Post
        It normally is not an issue as long as the employer is genuine. Though rare but there have been cases where the primary applicant has been asked to attend the interview.

        She need not carry your original passport, a copy should be fine.

        This is my opinion not legal advice.
        Thanks Raghvi.

        Mine case is little different as my spouse's H4 got rejected and VO asked her that I should attend the interview too. I was in USA that time. I transferred my L1 to H1B

        Due to the delay, I left my US job and came back. We never responded to 221(g)

        Now I have to go again for H1B visa interview. Will the previous no-response affect my interview?

        Comment


        • #5
          Originally posted by shunty111 View Post
          Thanks Raghvi.

          Mine case is little different as my spouse's H4 got rejected and VO asked her that I should attend the interview too. I was in USA that time. I transferred my L1 to H1B

          Due to the delay, I left my US job and came back. We never responded to 221(g)

          Now I have to go again for H1B visa interview. Will the previous no-response affect my interview?
          I dont think so. They may at most ask you to give in writing that previous H4 application can be cancelled.

          This is my opinion not legal advice.

          Comment


          • #6
            Originally posted by raghvi View Post
            I dont think so. They may at most ask you to give in writing that previous H4 application can be cancelled.

            This is my opinion not legal advice.
            Thanks Raghvi for your reply. It gives me confidence.

            One more questions, I have.

            Should I go alone for H1-B stamping or take my spouse with me for her H4? Will it make any difference? Her application will display that her visa was rejected once;

            Comment


            • #7
              Originally posted by shunty111 View Post
              Thanks Raghvi for your reply. It gives me confidence.

              One more questions, I have.

              Should I go alone for H1-B stamping or take my spouse with me for her H4? Will it make any difference? Her application will display that her visa was rejected once;
              I would suggest you two go together if feasible.

              This is my opinion not legal advice.

              Comment


              • #8
                Originally posted by raghvi View Post
                I would suggest you two go together if feasible.

                This is my opinion not legal advice.
                Thanks for your help Raghvi.

                Comment


                • #9
                  Hello Maverick, what happened to your spouse's h4 visa? I am in the similar situation now. Only difference is I didn't change my employer yet. But had my visa stamped till 2015, but I have a renewed visa till 2018 which is not stamped yet. My wife's visa was also stamped till 2015. She is travelling to India with the kids. She will go to visa stamping.

                  Originally posted by Maverick2683 View Post
                  Hi All fellow members,
                  I have a one interesting question to ask. I did a lot of search regarding this but couldn't find the answer.

                  I got married last year with stamped H1B (in 2011) from Company A, my wife got her H4 visa stamped last year. My H1B visa from company A was expiring in Sept 2014, hence my wife's visa aswell. Before the end of my H1B expiration I changed the employer and got approved for new H1B from company B, so did my wife. So now both of our visas are renewed till Sep 2017 (without stamping).
                  Now my wife has to travel to India to attend marriage and she will have to re-stamp the H4 visa as old one has already expired. Can she get her H4 visa stamp before I can get my H1B visa stamped. The reason being, last year when she went for her first H4 she took my Passport with my stamped visa in it.
                  Does she need to carry to consulate my ORIGINAL passport with her or just COPY of I-797A is fine. Also, I have just received I-94 part of the I-797 A do I need to get the full copy for this purpose.

                  Thanks a lot in advance.

                  I look forward to getting some advice on this topic.

                  Comment

                  Working...
                  X