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  • H4 Visa before October.

    Hi,

    My first OPT will expire on Aug 14, 2011, I have H1 approval I-797 with me.
    I applied for Cap Gap and it Approved by my University.
    I will be on Cap Gap after Aug 14, 2011.

    Now I wanted to bring my wife here on H4 visa (My H1B is approved but not active yet, it will effective from Oct 1, 2011).

    She had tried thrice for F2 while i was on OPT.
    Last, she had tried in march 2011.

    My questions are.

    1) Can my wife apply for H4 visa before Oct.1, 2011? (I have H1 approval but not effective yet)

    2) In visa appointment. There is a question- Have you been refused a visa twice within the last 12 months?-What will be answer of this question.(earlier she had apply for F2 on March 2011)

    3) In DS-160: Section Previous travel Info: have you ever been refused Us Visa-Been refused admission to the united states or withdrawn your application at the point of entry- what will be the answer?


    Can you please provide me a direct me?
    Last edited by Niel; 08-07-2011, 01:02 AM.

  • #2
    1) Can my wife apply for H4 visa before Oct.1, 2011? (I have H1 approval but not effective yet)
    >>> Yes, she can apply for the H4 visa. But she cannot travel until Oct 1st.

    2) In visa appointment. There is a question- Have you been refused a visa twice within the last 12 months?-What will be answer of this question.(earlier she had apply for F2 on March 2011)
    >>> What is so difficult about this question? It is a straight forward one. Did you wife had two visa rejections (can be of any type of visa) within the last 12 months? Answer accordingly.

    3) In DS-160: Section Previous travel Info: have you ever been refused Us Visa-Been refused admission to the united states or withdrawn your application at the point of entry- what will be the answer?
    >>> Answer YES. She did have a previous visa rejection, right?
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Hi shervin 143

      I am really appreciate of your quick response.

      I wanted to know that I am in Cap Gap extension, so will it impact on my wife's H4 visa?


      thanks In advance !!!

      Comment


      • #4
        That is not an issue. Since you already have a valid H1B petition with the effective date of Oct 1st, your wife can get the H4 stamped based on that petition. The only restriction is that she cannot travel until your H1B becomes effective.

        Originally posted by Niel View Post
        Hi shervin 143

        I am really appreciate of your quick response.

        I wanted to know that I am in Cap Gap extension, so will it impact on my wife's H4 visa?


        thanks In advance !!!
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          Thanks a lot sherin,

          This will help me lot and i am seriously come out from some confusion.

          Once again Thank you very much..

          Comment


          • #6
            Hi Neil,

            Can you pls let me know on this same thread whether your wife got visa or not? Because i am also in same position exactly.

            All the best, just let me know the result, i am thinking my wife will go to HYD embassy in SEPT, 2nd week.

            Thanks

            Comment


            • #7
              Was there any problem going for H4 visa interview before October 1 ? I am in the same situation.. your replies would be really helpful...

              Comment

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