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H4 for wife: while my H1B Transfers

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  • H4 for wife: while my H1B Transfers


    Currently am working for Company B, and my H1B is in transfer to the Company B.

    Can my wife go to the Consulate seeking H4, As I have Receipt Notice 797C for Company B, but not 797B.

    I have previous company's 797B and all other required docs.

    Please let me know.


  • #2
    She has to wait till you get the approval.

    9 FAM 41.53 N2.2 Approved Petition Is Prima Facie
    Evidence of Entitlement to H Classification
    (CT:VISA-1041; 09-26-2008)
    a. An approved Form I-129, Petition for a Nonimmigrant Worker, or
    evidence that the H petition has been approved (an acceptable Form I-
    797, Notice of Action (see 9 FAM 41.53 N8.1 below), or telegraphic email,
    or telephonic notification from Department of Homeland Security
    (DHS) or the Department is, in itself, to be considered by consular
    officers as prima facie evidence that the requirements for H classification
    which are examined in the petition process have been met. Consular
    officers do not have the authority to question the approval of H petitions
    without specific evidence, unavailable to DHS at the time of petition
    approval, that the beneficiary may not be entitled to status. The large
    majority of approved H petitions are valid, and involve bona fide
    establishments, relationships, and individual qualifications that conform
    to the DHS regulations in effect at the time the H petition was filed.
    b. On the other hand, the approval of a petition by DHS does not relieve the
    alien of the burden of establishing visa eligibility in the course of which
    questions may arise as to his or her eligibility to H classification. If
    information developed during the visa interview (e.g., evidence which
    was not available to DHS) gives the consular officer reason to believe that
    the beneficiary may not be entitled to status, the consular officer may
    request any additional evidence which bears a reasonable relationship to
    this issue. Disagreement with DHS interpretation of the law or the facts,
    however, is not sufficient reason to ask DHS to reconsider its approval of
    the petition.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.