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H4 Consular process with an approved H1B

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  • H4 Consular process with an approved H1B


    Hello all,
    I have a question about consular processing. Can you please clarify ?
    With my approved H1B petition and while my spouse's H4 petition is still in progress, can my spouse visit outside of the USA ( India), attend an interview at the US consulate, obtain a H4 visa and enter the USA with the new visa+I-94 ??
    Is the consular process different from the regular process of : 1) Complete DS160 form 2) Pay the visa fee 3) schedule an appointment at consulate 4) attend the interview ??
    Can we do the above process on our own or we have to go through an attorney ??
    Request you to respond.



  • #2
    Hi Member,

    Here is my response.

    With my approved H1B petition and while my spouse's H4 petition is still in progress, can my spouse visit outside of the USA ( India), attend an interview at the US consulate, obtain a H4 visa and enter the USA with the new visa+I-94 ??
    Answer: Yes. She can get visa stamping when H4 petition is pending with USCIS. But Please make sure to withdraw H4 petition as soon as you get the visa stamped.

    Is the consular process different from the regular process of : 1) Complete DS160 form 2) Pay the visa fee 3) schedule an appointment at consulate 4) attend the interview ??
    Answer: The above mentioned process is same for all the non immigrant visa stamping..

    Can we do the above process on our own or we have to go through an attorney ??
    Answer: You dont require any help to complete DS 160 and visa fees . It can be processed by applicants itself.

    Thanks

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