H4 visa application before H1b starts?

[cheetah90]

Hi,

My H1b change of status has been approved (starting Oct 1st) and I am currently in US. My spouse went to US Consulate in Sept to apply for H4 visa but the visa officer asked for "change of status notification" of my H1b.

So I have a couple of questions:
1. Can my spouse apply for H4 before my H1b take effects (i.e., before Oct 1st)?
2. What does "change of status notification" mean? I thought the i797 approval notice of my H1b application (which she presented to the visa officer) serves as proof of changes of status approval?

Her application is currently under 221(g) refusal.

Thanks
Allen

[rkk09]

Hi,
Here is my thought on your question.
1. Can my spouse apply for H4 before my H1b take effects (i.e., before Oct 1st)?
Answer: Yes. It is possible. But it is depend up on Officer decision. They might be looking for your current status.
2. What does "change of status notification" mean? I thought the i797 approval notice of my H1b application (which she presented to the visa officer) serves as proof of changes of status approval?
Answer: It is weird. Hope you would have shared I-797 A copy. If so, then it is good evidence of change of status approval notification.
Thanks

[cheetah90]

Hi,
Here is my thought on your question.
1. Can my spouse apply for H4 before my H1b take effects (i.e., before Oct 1st)?
Answer: Yes. It is possible. But it is depend up on Officer decision. They might be looking for your current status.
2. What does "change of status notification" mean? I thought the i797 approval notice of my H1b application (which she presented to the visa officer) serves as proof of changes of status approval?
Answer: It is weird. Hope you would have shared I-797 A copy. If so, then it is good evidence of change of status approval notification.
Thanks

You are exactly correct! The visa officer asked about my current status.

Since it's (almost) October, they would assume they do not need any further info beyond i797A since that's my current status. Correct?

Thanks
Allen

[cheetah90]

Just to update the process to help people with similar questions:

Today is the first business day after 10.4 and my wife's visa status has changed from "refused" to "administrative processing". Of course this does not imply the result but it might suggest that the Consulate only starts to process her H4 after my h1b status starts...

[rkk09]

Just to update the process to help people with similar questions:

Today is the first business day after 10.4 and my wife's visa status has changed from "refused" to "administrative processing". Of course this does not imply the result but it might suggest that the Consulate only starts to process her H4 after my h1b status starts...

Answer: I believe, you will have a good news very soon.
All the best.
Thanks

[rkk09]

Hi,
Please see my response below.
Since it's (almost) October, they would assume they do not need any further info beyond i797A since that's my current status. Correct?
Answer: Hopefully YES.
Thanks