H-4 Stamping Question/Documents

[jaljam]

Spouse / Dependent Children :

1. Passport, visa fee receipt issued by HDFC Bank and interview appointment letter.
2. The original Notice of Action Form I-797 of the Principal Applicant.
3. Form I-129 (if Form I-797 is a blanket permit, copy of Form I-797 and I-129) of the Principal Applicant, and letter from employer that describes the relationship with the Principal Applicant and the purpose of travel.
4. Photocopy of the Principal Applicant’s valid visa (if applying separately).
5. Original Marriage Certificate (for spouse) along with your entire wedding photo album.
6. Original Birth certificate (for each child).
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Hello All,

Above are the required documents for H-4 stamping from the US embassy website. My questiion is relating to number 4.

I am in USA and my wife is in India. She is going for H-4 stamping next month to chennai. My VISA on my passport is expired on May 2009. But I have a approved I797 which is valid till 2011. What should my wife answer when they ask for my copy of VISA. I have company A visa on my passport which is expired and I joined company B now. My wife will be going with company B I797. Your answer is appreciated. Thanks in advance.

[shervin143]

A visa is just a travel document. The proof of maintenance of status is the I-797 approval notice and a valid I-94. It is okay if your visa is expired. Just give her a photo copy of your expired visa, a photo copy of your valid I-94 and your original I-797 approval notice when she go for stamping.

[sarif]

Hi Shervin,

I have got couple of questions....
1) The H4 visa expiry date will be 2011, right????
2)Will the copy of I797 will be enough, what if we dont have enough time to post the I797 to India????
3)I heard that photocopy of I797 will also work, true?????
4)Will the "address of employee on paystubs" should match with the address on the "form D156 Q24: At what address will you stay in US?"????
Can these two adress may be different, I mean even different states of USA....?


Thanks,
Sarif

[shervin143]

1) The H4 visa expiry date will be 2011, right????
>>>>> Usually it is till date on the primary applicant's I-797. But sometimes it could be earlier than that.


2)Will the copy of I797 will be enough, what if we dont have enough time to post the I797 to India????
>>>>> Original I-797 is a requirement. Some VO's accept copies of I-797 and others don't. FedEx will deliver it in 3 days.


3)I heard that photocopy of I797 will also work, true?????
>>>>> Read answer 2.


4)Will the "address of employee on paystubs" should match with the address on the "form D156 Q24: At what address will you stay in US?"????
Can these two adress may be different, I mean even different states of USA....?
>>>>> Not a strict requirement. But if questioned, should have a valid reason. If your employer is deducting tax for a different state than where you are working, that is illegal.

[txh1b]

4)Will the "address of employee on paystubs" should match with the address on the "form D156 Q24: At what address will you stay in US?"????
Can these two adress may be different, I mean even different states of USA....?
>>>>> Not a strict requirement. But if questioned, should have a valid reason. If your employer is deducting tax for a different state than where you are working, that is illegal.

And the employer has probably not updated the Labor to indicate the new work location which is a serious violation that ICE has been looking into. The Iowa arrests were based on this.