H1B visa stamped instead of H4 (dependent) visa on Passport

[victosatya]

Hi all,

I hope some could give me a advise/suggestion.

My wife and I got visa (H1B & H4) extension until 2005 during our stay here. I sent to St. Louis for visa stamping on passport in April 2003 and received them with stamping in first week of July 2003.

I have seen on the passports my visa stamping is fine as usual, but my wife's visa stamping is H1B instead of H4 visa. I have a dependent visa approval notice from Vermont, it seems they misunderstood the approval notice and did a wrong visa stamp on my wife's passport.

My questions:

1. Is this valid during our stay in USA?
2. What are the implication, if we goto India and to come back?
3. Can I resend to St. Louis for correction? If so, may I require to pay again $175/- fee or is this be waived since it their mistake?
4. What are the precautions I have to during this period?
5. Should I contact local INS office for clarification?

Many thanks in advance for your great thoughts and advises/suggestions.

Regards,

[dvkrao]

H1B visa stamped instead of H4 (dependent) visa on Passport

To stay in this country, VISA stamping in the passport is not required. One should have a valid I-94. As long as you have valid I-94, you are fine. VISA stamping in the passport is required to enter to this country. You send the papers immediately to St. Louis office for correction. They will not chage any extra amount. But how much time they take is very difficult to say. It is not the problem of INS/BCIS. Even if you contact them they may nor answer your query. VISA stampiong at st. Louis is under State department.

[kumarsachin]

H1B Stamped instead of H4

Hi,

I know your had faced this issue way back in 2003. I am in the same boat right now, If you happen to remember please share your experience/process to rectify this issue.

Thanks!