Jump to content
nani22b

H4 Visa without H1B Stamping

8 posts in this topic

Recommended Posts

Hello,

My spouse went to India on 10/01/2018. She was in US for 2 years on F2 visa. My H1B is approved the last week. I have my I797A Notice.
1. Can my spouse go for H4 stamping without me/without H1B stamping on my passport?
2. if Yes, while scheduling visa appointment, there is an option called "Principal Applicant Visa Class". Since I don't have valid H1B visa now and I am on COS in US, what should be the option that we have to select? is it H1B or F1

Thanks in advance.

Share this post


Link to post
Share on other sites

Are you in H1 status in the US, i.e., did your I-797 grant you a change of status to, or continuation of, H1 status?  Since you are in the US, it's your legal status that is the question (whether you currently have a valid visa for that status or not).  As a dependent seeking derivative status, her visa category depends on whatever your current legal status is.  

 

Share this post


Link to post
Share on other sites
7 minutes ago, jan22 said:

Are you in H1 status in the US, i.e., did your I-797 grant you a change of status to, or continuation of, H1 status?  Since you are in the US, it's your legal status that is the question (whether you currently have a valid visa for that status or not).  As a dependent seeking derivative status, her visa category depends on whatever your current legal status is.  

 

 

Yes my approval notice says "my petition and COS has been approved".

Share this post


Link to post
Share on other sites
3 minutes ago, jan22 said:

Then you are H1 and she should apply for H4.

One more thing, our marriage certificate says Before marriage : <firstName> <Her dad's lastName> , After marriage : <firstName> <myLastName>.

1. Is it mandatory to change her name on the passport now?  (When she went for F2 interview, she didn't face any issues)

2. While filling DS 160, does she need to add after marriage name in Other names section? 

Share this post


Link to post
Share on other sites
3 minutes ago, nani22b said:

So, I should select H1B as principal applicant visa class? (though I do not have H1B visa stamped on passport)

Yes.  As I said, if you are in the US, it's your STATUS that determines this.  If it were determined by your visa, she wouldn't even be able to get a derivative visa until you got a new visa, which is not the case.

Share this post


Link to post
Share on other sites
42 minutes ago, nani22b said:

One more thing, our marriage certificate says Before marriage : <firstName> <Her dad's lastName> , After marriage : <firstName> <myLastName>.

1. Is it mandatory to change her name on the passport now?  (When she went for F2 interview, she didn't face any issues)

No, don’t change the passport. It’s fine. Anyone asks, just said I got married and here’s the marriage certificate.

42 minutes ago, nani22b said:

2. While filling DS 160, does she need to add after marriage name in Other names section? 

She can. 

 

And I second about the status thing. Visa is a TRAVEL document. It allows you to board the plane bound for the US and go to the POE. Then its job is done. It is the CBP officer that determines what status you’re in by stamping on your passport “Admitted as whatever status until whatever date” and give you the I-94 or whatever the procedure nowadays. I have no idea, haven’t been admitted as a non-immigrant for many years. 

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×