Wrong visa type, need help urgently!

[immjanie]

I applied H4 visa in london in Oct 2011.

When I entered US border after I got visa, the officer at the border found out that the visa stype was wrong in visa stamp, visa officer gave me H1 instead of H4.

The officer voided the visa stamp, and gave me correct H4 I-94 and provided me with a note about this situation, and let me in US.

I contacted Visa officer in London by email, they said I had to go back to london to make the correction, they didn't provide any other solution except this.

My visa to UK has been expired, and I need to spend money and time to fly to UK to correct it. I don't think it is fair for me.

Do you have any suggestions? Is that possible I could get it correct in US?

Thank you so much.

[shervin143]

You can get a visa only at a U.S consulate. Also, visa is only an entry document to U.S. You don't need a valid visa to stay in the country. You only need a valid I-94 to stay in U.S. Whenever you go out of the country next time, get the H4 visa stamped and return back. This is why you should always check your visa after the stamping and your I-94 at the POE before you leave the airport.

[immjanie]

Thank you very much for your quick reply.

Do you know if valid visa stamp is required for applying I-485?
My husband is going to submit I-485 for green card. I'm not sure if I need to go out of US to get a valid visa stamp.

Thanks.

[shervin143]

No. But make sure that the I-94 issued to you at the POE is for H4 and not for H1B. You need to be maintaining a valid H4 status as a dependent of a H1B holder.

Thank you very much for your quick reply.

Do you know if valid visa stamp is required for applying I-485?
My husband is going to submit I-485 for green card. I'm not sure if I need to go out of US to get a valid visa stamp.

Thanks.

[immjanie]

Thanks. It's a relief for me,

[superaghu]

Hello immjanie,
We are in same shoe. My daughter was stamped with H1 instead of H4.

We applied H4 Visa for my daughter in Feb 2012. However the US visa was stamped with H1 visa type . This we identified only at port of entry. The visa officer at port of entry let my daughter into US using a visa waiver form, however requested us to have it corrected when we travel outside US.

I sent the details to [email protected] with the details and requested the steps for correction. However the response was provided as below. Do you know if there is a way to have the visa type correction now that she has traveled using the passport and that the stamping is older than a year? Also, will there be any other potential problems for her for re-entry into US or applying extension visa or green card?
Were you able to get your visa corrected?

==================================================
Date/Time Case Opened: 7/24/2013
Description:
Origin: Email
Case Reason: Any other query
Public Response:

Thank you for writing to the U.S. Visa Service Desk.

However, please be informed that, applicants can apply for a visa correction under the below scenarios:

1) Applicant should not have travelled on the same visa
2) Applicant has to apply for visa correction within a year from the issue date of the visa

Have a pleasant day!

Yours Sincerely,
U.S. Visa Service Desk.
==================================================

Thanks. It's a relief for me,