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Applying for H4 visa based on H1B approval

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  • Applying for H4 visa based on H1B approval


    I am planning to apply for H4 visa in December 2011 based on my wife's H1B approval. She got H1B approved one month back, but did not come to India for H1B stamping. It was a status change from F1/OPT to H1B. Her employer is saying that you do need to go to India for H1B stamping and your husband can appear for H4 interview without stamping on her passport. Can I appear for H4 visa interview before her H1B stamping? Will consulate reject my H4 because my wife did not have H1B visa stamping on her passport?

    Just to add here, I have got H1B refusal twice, L1 refusal once and F2 refusal once in past. I really do not want to get rejected this time for H4 visa. Any advice in terms of appearing before the spouse's H1B stamping, documentation and visa interview questions related details would be very much helpful.

    Last edited by heet_pink; 11-12-2011, 10:18 PM. Reason: Added more information

  • #2
    Your wife's valid H1B visa is not required to get your H4 stamped. Her valid approval notice (I-797) is what is important. Her visa will not be a reason for your rejection.
    Not a legal advice. Use of this information is strictly at your own risk.