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H4 Visa in US vs Stamping in India

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  • H4 Visa in US vs Stamping in India

    Hi,

    I am currently on L1 visa which is valid upto May 2016. I am planning to switch over to H4 as my wife is on H1.
    First option is to apply for H4 while I am in US and typically it will take 4-5 months to get the approval.

    Alternate option I am thinking of is to go back to India for 2 weeks and get my H4 stamped from the consulate. Is this option doable and advised?
    Are there any risk associated with this?

    Please help.

    Thanks,
    Vasu.

  • #2
    Originally posted by vasudevadv View Post
    Hi,

    I am currently on L1 visa which is valid upto May 2016. I am planning to switch over to H4 as my wife is on H1.
    First option is to apply for H4 while I am in US and typically it will take 4-5 months to get the approval.

    Alternate option I am thinking of is to go back to India for 2 weeks and get my H4 stamped from the consulate. Is this option doable and advised?
    Are there any risk associated with this?

    Please help.

    Thanks,
    Vasu.
    Both options are doable. If you do not have a plan to travel out of US for another 6 Months, then filing a COS within US would be more cost effective.

    This is my opinion not legal advice.

    Comment


    • #3
      Like above, if you are not traveling otherwise, it is better to go the change of status route.

      Remember, even if you get change of status, in future when you the US and want to return in H4 status, you will need H4 Visa.
      This is my opinion and not legal advice.

      Comment


      • #4
        Thank you for your reply raghvi and Kabkaba.

        My major concern would be 'Time taken'. If I apply for COS it will take minimum 4 months when compared to India visit for visa stamping would 2-3 weeks.
        Reason is: Further to that I need to apply for H4 EAD once H4 visa is approved.

        Comment


        • #5
          Originally posted by vasudevadv View Post
          Thank you for your reply raghvi and Kabkaba.

          My major concern would be 'Time taken'. If I apply for COS it will take minimum 4 months when compared to India visit for visa stamping would 2-3 weeks.
          Reason is: Further to that I need to apply for H4 EAD once H4 visa is approved.
          You can file both COS and EAD together. But, it will take months to get it. Leaving and returning is a better option in that case.
          This is my opinion and not legal advice.

          Comment

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