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  • H4 Visa Stamping

    Hi,

    I got my H1B approval for me and Form I-539 approval for my family in 2013 (We were in US at that time in F1 and F2 Visa). Before my H1B period started (before 1st October), we left US and came back to India.

    Form I539 was approved and my family has a I797A approval till August 2016.

    Now I have transferred by H1B approval to a new company and would like to go for the stamping.

    In order to go for stamping for my family, do they need to apply again for Form I539 or is my new I797A approval good enough for their visa stamping. We are planning to go to the stamping together.

    In simple terms which among the below option is the correct one for me.

    1. Go for visa stamping for family with my current I797A
    2. Go for visa stamping for family with their Form I539 Approval and their I797A
    3. Go for visa stamping for family after getting a new Form I539 and I797A approved.

    I read the forums and found contradicting answers. Any help is really appreciated.

    Thanks..

  • #2
    Originally posted by Deejay12 View Post
    Hi,

    I got my H1B approval for me and Form I-539 approval for my family in 2013 (We were in US at that time in F1 and F2 Visa). Before my H1B period started (before 1st October), we left US and came back to India.

    Form I539 was approved and my family has a I797A approval till August 2016.

    Now I have transferred by H1B approval to a new company and would like to go for the stamping.

    In order to go for stamping for my family, do they need to apply again for Form I539 or is my new I797A approval good enough for their visa stamping. We are planning to go to the stamping together.

    In simple terms which among the below option is the correct one for me.

    1. Go for visa stamping for family with my current I797A
    2. Go for visa stamping for family with their Form I539 Approval and their I797A
    3. Go for visa stamping for family after getting a new Form I539 and I797A approved.

    I read the forums and found contradicting answers. Any help is really appreciated.

    Thanks..
    I539 does not have much significance if one files it and then leaves US.

    You need to schedule visa for yourself and dependents by filling onlineDS-160, in DS-160 you would mention your I797 details, pay the required visa fees, attend finger print, and visa stamp interview.

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by raghvi View Post
      I539 does not have much significance if one files it and then leaves US.

      You need to schedule visa for yourself and dependents by filling onlineDS-160, in DS-160 you would mention your I797 details, pay the required visa fees, attend finger print, and visa stamp interview.

      This is my opinion not legal advice.
      Thanks Raghvi. That helps. Having that additional document was confusing me a lot.

      Comment

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