Scary post: Seniors can u thro light on this one please!!!!!!!!1

[sumith]

Hi all,

I came across a h1/h4 related question in one of the portals and worried a lot, as even I am sailing in the same boat. ie., my h4 extension is thro', but i have not stamped it and my wife is going for stamping next week.I can't go for stamping now, due to unavailability of leave. Pls advice me. Here is the question:

QN:
I came to US in Feb 2003 on B1/B2 visa. My I-94 was valid till August 2003. I got my H1B visa in July 2003. Now I want to bring my wife to US. I have prepared all possible documents for her besides my H1b visa is not stamped in my passport since this is a change in status from B1/B2 to H1b. Are there any chances of rejection of h4 visa for her at the time when she goes for stamping to local embassy?
Is it advisable to go to India and get my H1 stamped with my wife's stamped for H4. On what basis will embassy reject her H4 visa stamped since I have already got my approval over here in NewYork?

ANS:
Please do not attempt to stamp your H4 visas without getting your H1 stamped in your passport, it would get rejected.
The US Consulate would ask for stamped H1 on your passport as a pre requsite normally. But please check with your attorney in this matter

Seniors, what do u think? Is it advisible to send my wife for h4 stamping ?
pls reply at the earliest.
regards,
sumith

[kmlnaidu]

It should not be a problem to go with out husband visa stamp in passport
i got my H4 visa by carrying all papers except the visa in my husband passport as his H1 has been renewed and i carried I-797 along with other documents

I feel you can send your wife for interview unless there is any strict rule that came in to action recently about having stamp in husband passport is must.


KML

[poragoru]

Seniors, what do u think? Is it advisible to send my wife for h4 stamping ?
pls reply at the earliest.


The situation described in the Q&A you posted is different from yours. In that Q&A, the guy never got a H1 stamp on his passport. He just came to USA on B1/B2 and then changed the status to H1. Then he is trying to get his wife's visa stamp (for H4), while he himself never appeared to consulate for H1 stamping.

But in your case, you already have H1 visa stamp on your passport and this is just your extension. Your situation is lot safer.

[sumith]

Hi,
Thanks to both of you for replying in time. I'm much relieved now. It's really nice to hear soothing words like "dont worry","u are safe" etc by the concerned members on this forum, at a time when we're tensed up and it really boosts our morale. Keep it up and thanks a lot once again.
regards,
sumith