Immigration Issues/H4 visa stamping

Advertisement


Question
QUESTION: Hi,
Could you please help me to clarify one question?

Currently I am working company A in US since 3 years. I recently sent my family back to India for a visit. Mean while I joined a company B, as they filed my h1b (l1b to h1b cos), which is approved effective from oct 1st 2012. My question is, I am planning to send my wife h4 visa stamping... Do I need to have h1b via stamp in my passport before, in order to send my wife for h4 visa stamping?

Could you please advise?

ANSWER: Hi,

In most cases, the Consulate will expect the principal applicant to not only have the appropriate status in the U.S. (H1B in this case) but also the appropriate visa stamp (again, unexpired H1B visa stamp) before the Consulate will issue the dependent visa stamp (H4) to family members.

---------- FOLLOW-UP ----------

QUESTION: So is it mandatory document for h4 visa stamping? Or a supporting Doc?

Please advise.

Answer
Your family can apply without your having a current H1B visa stamp in your passport. The odds are that the Consulate will not issue H4 visa stamp to your family.

However, there is no harm in trying; if the Consulate does not issue the H4 visa stamp, your family can apply again once you obtain an H1B visa stamp.

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

©2016 About.com. All rights reserved.