One of my friend’s wife recently attended H4 visa stamping at Chennai. Below is a brief summary of the questions asked by visa officer and documents they carried for H4 visa stamping. Thanks to them for taking time to write and sharing their experience with our readers.
H4 Visa stamping Documents Checklist :
- Wedding Photo Album
- Marriage certificate
- Wedding invitation card
- Wedding Hall letter (proof to show the marriage was performed in the wedding hall)
- Principal H1B applicant/ Spouse Documents :
- I-797 Copy ( H1B approval Notice)
- I-129 form Copy
- LCA Copy ( Labor Condition Application)
- Passport copy
- Client letter
- Employment verification letter
- Copy of 6 months of Pay stubs/ Salary slips
- Copy of W-2 forms
- Copy of previous Tax returns
H4 Visa interview Questions by Visa Officer ( VO)
1. When did you get married?
2. Can I have your marriage photo album?
3. Can I see your husbands W-2’s? ( I had an H1 transfer in the middle of the year, she showed the latest W-2 having which has less gross salary, then VO inquired if I worked for another company earlier in the year)
It was short and simple. H4 Visa was stamped and got passport in one week !
You may also read Advantages of Studying on H4 visa in USA
Share your experience by emailing to us at redbus2us(at)gmail.com
my f2 visa rejected twice in 2011.now my husband got h1 visa approved.i got the marriage 14 months back.i have few doubts about h4 visa
1)If you didn’t go for the H4 interview with your spouses’ H1B visa appt: Why did you not come with your husband for the interview?
2) If going after spouse has left to USA: Why did you not leave with your spouse or why are you coming today for visa when you got married on so and so date
3)I see that you have been rejected earlier, do you know why? (Possible question, if you have been rejected before)
4)why did your husband change the company
5) my qualification is btech but i have a language problem.i want take the interview in telugu
6)f2 rejection any effect on h4 visa
pls i want answers.send me reply
REPLY
Mounika,
1. You must have a reason for not going then. You can tell the same reason or just say personal reason
2. Same as (1)
3. If you know the rejection reason then answer that. Else say you don’t know
4. Better opportunity
5. What’s the question here?
6. Usually not as long as F-2 was not rejected due to false documents/information.
Hello Saurabh, can you please answer the followings?
I am travelling to Bangladesh this August for marriage. I am already on H1B visa (Visa ends November 1st this year, H1B approved until December 2013). I have been working with the same company and not changing company. My duration of stay in Bangladesh will be 1 week. My qiestions are:
1. For H4 visa interview for my wife, do I have to be there ? I mean, do both of us have to be present during her H4 interview?
2. Does she have to carry originals of my documents, or photocoipes okay? Which of the documents (if any) must be carried originals during the interview ?
3. What documents do I need to take to Bangladesh?
4. I see here you have mentioned LCA here on other replies. What is LCA, if you please mention? Last time I went to Bangladesh for my H1B stamping, I dont hink I carried any document called LCA. Do I need to carry any LCA document? What document is that?
I appreciate your answers.
-Tarikh
Tarikh,
1. No. She can go for H-4 stamping along
2. Photocopies should be fine. Any document belonging to her (like passport) should be carried in original, along w/ original marriage certificate, wedding card/album
3. You need to carry your degrees, marksheets, latest resume, original 797, copy of I-129, copy of LCA, recent payslips, W-2s, employer’s letter to USCIS, employment verification letter, client/project details (if applicable) etc
4. It is the document which employer files w/ DOL before filing the H-1 petition for you. You can ask your employer if they can provide you w/ a copy of the LCA. It is nice to carry that document as well.
Hi Saurabh,
I always find your forum very useful.
First I would like to brief you about me. Currently I’m on F1 (OPT Extension – End date 06-15-2013) and my H1B (2013 Quota) got approved in May 2012 (with a activation date of October 1st 2012). I got my I-797.
My all queries are related to my spouse’s H4 visa.
Previously my spouse applied once for F2 visa (in Jan 2012) which got denied ( VO said that your husband can support you and you should apply again for H4 visa once your husband got H1b visa).
Q1: Is it possible for my spouse to apply for H4 visa from 1st July 2012 onwards (without my H1b Stamp and before activation date of my H1b [Oct-01-2012]) on behalf of my I-797 H1b approval?
Q2: I’m aware that she can travel to USA only after 21st September 2012 ( Please, correct me if I’m wrong)
Q3: Currently my employer is paying me less than what’s mentioned on LCA ( I’m on percentage bases in a EVC model) but he promised to raise my wages as soon as H1b period starts.
Will this be a problem during H4 visa interview when my spouse will show VO my paystuff [It’s 52-55K per annum] which is less than what mentioned on LCA. Consider that fact that my H1b is still not started..
Q4: What if my spouse’s visa got approved and before her arrival to USA, I changed my client (While working under same Employer). Can she use same H4 visa to enter USA or she has to re-appear for H4 visa as I changed my employer or what other documents she need to carry with her?
Please read Q4 as
Q4: Currently I’m working with Employer A and Client X. Once my spouse’s visa got approved and before her arrival to USA, if I changed my client X to Client Y (While working under same Employer A). Can she use same H4 visa to enter USA or she has to re-appear for H4 visa as I changed my Client to Y on a new project. In any case what other documents she need to carry with her while traveling to USA?
Aamoo,
1. Yes
2. Correct
3. As you are on OPT, you are not covered by the LCA yet. So it should be fine. What would be better is to carry a revised offer letter from the employer stating your salary once H-1 starts
4. No change required to her visa if you change client and/or employer. When entering US, she should have information about your employer, client, location , basic duties, job title, most recent employment offer letter etc.
I really appreciate your quick reply Saurabh.
Best regards,
Hi Saurabh,
I have a doubt so please give me an advice.
I am in USA & I got my H1 B approval for 3 years a week ago.
My wife is in India and she paid HDFC fees (
$160) for F2 dependent visa in Jan 2012 (At that time We were planning to take visa date on F2.)
But we postpone that now since I got my H1 B approved I have doubts as listed below.
1) Can I pay difference between fees for F2 & H4 ($30)? or I have to pay H4 visa fee separate ?
2) Since I am in US and My wife is in India when can she go for H4 visa? (I heard that she can go before 90 days of my H1 B start date which is October 1, 2012 in my case.)
3) If she get successfully H4 visa then when can she travel to US?(I heard that she can travel 15 days prior tomy H1 B start date which is October 1, 2012 in my case.)
Please advice me on this. I read lot of different opinion.
Thanks in Advance.
Jig..
Jig123,
1. I don’t think that would work as H-4 HDFC receipt is of a different type.
2. She can go for H-4 stamping at most 90 days prior to your H-1 start date. So if the H-1 start date is Oct 1, she can go for H-4 stamping after July 1.
3. She can enter US at most 10 days prior to H-1 start date i.e. Sep 20th.
Thanks for quick reply.
Jig123
Hi Saurabh,
My wife is in India and she went to Mumbai Consulate for H4.
She got 221g Yellow color copy.
In 221g they have requested some Engagement photos and Honeymoon photos.
It seems that they have some doubts about our marriage. But our marriage are legitimate and I have those photos so no issues for that..
VO said to submit these photos along with copy of my H1 B approval notice and her passport to near by VFS ASAP..
Please let me know about following questions..
How many number of photos I have to submit for Engagement and Honeymoon each(they have not specified anything in 221g)?
Any idea how long it will take to resolve this?
Please reply me ASAP..
Thanks
123456
123456,
I would suggest submitting 4-5 of each. The engagement photos should be of ring exchange.
Hi Sourabh,
Is it mandatory to have my spouse name in my passport for H4 Visa processing because i am left with a weeks time for my interview
Though i have heard that this will be ok to go with
Charu,
It is not mandatory, but good to have so. You should carry marriage certificate, wedding card and album to show that you guys are really married.
Hi Saurabh
I need your guidance. Planning to apply to H4 for my wife.
me and my wife’s name are woithout our respective surnames in the marriage certificate but the passports have the complete name.
Will this create any issue when we go for stamping??
Our marriage certificate reads AMIT is married to NEHA but in our respective passports the name is Amit Sharma and Neha Nagpal.
Please suggest!!!!
Thanks,
Amit Sharma
Amit,
I don’t think it would be an issue. Carry wedding card and album which can be used in case the officer shows concerns related to the marriage certificate.
Hi Saurabh
I need your guidance. Planning to apply to H4 visa with few doubts in mind. Expect a prompt reply from you
I have attended B1 Visa interview from Delhi on 2 May 2012 but got rejected, My profile is non functional and i gave answer of purpose of my meetings is “Mgmt Meeting”, meeting current and prospective client”, VO asked me the time duration, and as written in client letter i told the same, and she replied 3-4 weeks is huge time and then she asked for client letter and said ask ur comapny to go for another Visa.
Now , i have to apply for H4 as I got married on 26th April 2012 and this time i am too nervous to appear for an interview and need your help
Do i need to take any gap to refile the visa
Questions : Y did u applied for B1 when u got married on 26th April- What answer should i give { I was single when company took the appointment}
Question: R u still working?? – please suggest
Question: If going after spouse has left to U.S.: Why did you not leave with your spouse or why are you coming today for visa when you got married earlier (or on so and so date)?
What major precaution shoul i follow to get this Visa approved
I am looking for your help
Thanks,
Charu
Charu,
1. You can say that you were not married at that time, and the company wanted you to travel to US for some purpose. That is why they went for B-1 visa
2. If you are still employed w/ your employer then yes; else no. You can also mention that you plan to resign from them once your visa gets approved as you don’t want to be in a situation where H-4 has been denied and you are no longer employed
3. Personal reasons, notice period etc
You may be asked about your B-1 rejection, and also about your spouse’s H-1 employment. Also, it would be nice to carry documents and information related to spouse’s H-1 employment.
Thanks a ton Saurabh
Jst one more question,
I am getting my marriage certificate as in hand written {attested and with relevant stamp} and not computerized due to technical issues with computer at Nagar Nigam of MP, no clue when we can expect the computerized as its already been 1 month and we are short of time
Please suggest if this certificate would do
Thanks,
Charu
Charu,
I don’t know if it would work or not. If that is the best you can arrange, then you can proceed w/ it and remain optimistic.
Hi Saurabh,
I have some doubts about the H4 documents. Is it necessary to submit I-134 for H4 visa? Also what are the documents needed to book the H4 visa slot? Please advice as so many people are giving conflicting opinions and its so confusing.
Thanks.
Gaurav,
I-134 is not required w/ H-4 documents. Documents required for H-4:
– passport
– proof of marriage (marriage certificate, wedding card, album etc)
– copy of spouse’s 797
– copy of employment related documents of the spouse (same set of documents you would have carried for your H-1 interview)
Do not treat H-4 interview any lightly than H-1 interview
Hi Saurabh,
I am filling DS160 to go for H1B stamping. My current LCA is for client X location A. I will be travelling in US for the same client X, but in location B. Do i need a new LCA, before i go for stamping.
OR, i can submit the DS160, mentioning the location of work as per current LCA (ie. A), and get the stamping done. Then while actual travel i can get new LCA for location B along with Transfer Memorandum and Travel.
Please advise.
Pravin,
Yes, a new LCA is required for the new location before going for stamping.
hi,
Could you please clarify few questions.
1) I was in L1B visa till Mar 2012 and now I have applied for H4 visa in US and have received the receipt #. Me and my kids are planning to travel to India in June 2012 and plan to get our H4 stamped in Chennai consulate. My question is, since we have the receipt # from here, should we get HDFC receipt and apply for the interview?
2) my husband has not got the H1 stamped , will this cause problem for my H4 stamping in India?
3) my husband might come to India in Aug 2012 and will get his stamping. But really not sure if he is coming or not at this point. So if I get my H4 stamping in June, will it be any problem?
Appreciate your help.
Thanks
kirthi,
1. Yes, HDFC receipts are required for all visa stampings. Each family member going for stamping needs to have their own GSFDC receipt.
2. It is not a requirement that H-1 should be stamped prior to H-4
3. No, it shouldn’t be an issue
Thanks for the prompt response
Hi Saurabh,
I’ve some issues that are racking my head.
1) My wife is on H1B in the US now for the past year. She had H1B stamped in Jul 2009 but did not go immediately because she became pregnant. She has only gone with around 6 months of her visa left. This did not get extended so she changed employer with a freshly approved petition. I will be carrying 3 paystubs for me and my 2 y.o. son’s H4 interview in May 1st week. 2 original & 1 copy of the latest one issued for April end. Will this suffice?
2) Her name is Puja, but marriage certificate issued from Kerala says ‘Pooja’ and so does the album. Rest all documents including education certificates are having correct spelling. It is common for people to spell it Pooja in India. Will this pose a problem with the VO?
3) My parents are already GC holders and I have mentioned this in my DS160. Will this info hamper in anyway my H4 stamping? I know the burden of proof for strong ties to home country rests on me. I have a full fledged business in India with operations in 3 locations in Delhi. I have stated in DS160 that I will be back in 7 months (a sabbatical if you may say so) and my son in 2 years. Will this suffice as enough proof for strong ties to home country?
4) Is invitation letter from spouse and a copy of the LCA absolutely necessary for the interview? I’ve seen a few cases on the net for VO asking for these.
5) My parents are in the same line of business with operations in USA. If VO asks for their work details, will it become a problem for me? What kind of questions can I expect for having parents who’re GC holders? Does this negate my non-immigrant intent?
Thank you so much in advance for your help.
One thing I forgot to mention for # 2)
We have done spouse name addition in each other’s passports (with correct spellings).
Also, birth certificate of son and his passport show her correct name
Hi Saurabh,
My wife went to Chennai consultate for H4 stamping yesterday with all the required documents, but she didn’t get approval becuase they want to have my H1B stamping on my passport. They asked her to submit and returned the passport and docuemnts with slip mention visa copy required. I am inthe US from 2008 and filed L1 to H1 few months back and got new passport few years back. I dont have h1b stamping on my passport but I do have H1B pettion and valid I-94.
I contacted Chennai VFS office, they are asking how are you staying without stamping, when you change visa.. I understand those people wont have knowledge. I sent email to infouschennai@vfshelpline.com asking the details, if they say not required on H1B stamped on passport while in the country they I will go back to VFS office and submiting all the documents again but it will take some time I think.. Is there anything i could do better?
thanks
Is it mandatory that to get H-4B stamping for wife, Husband’s H-1B stamping must be done?….My wife is going to India and I m not going with her.
Not exactly except few cases, I did reviewed most of the fourms excpet 1 or 2 no body’s mention that H4 rejected due to not have H1B stamping.. but my bad luck.. hope you will not have any issues.
Sri,
I have never heard of any such requirement. VFS folks are often uneducated about the immigration rules and their question makes it obvious that they don’t know about COS. Contact your attorney on how to get it resolved. Maybe they can provide any legal text which your wife can submit to the consulate.
Hola Saurabh
Thanks for replying all our questions. Just curious to know is it sufficent to submit all the photocopies of the above listed documents for h4 visa correct. Is there anything that a H1 holder need to submit fr h4 visa in original like employment letter. Do you scanned copies will suffice for visa processing correct?Please let me know. Thanking you.Vasu
Vasu,
It is ok to have photocopies of documents related to H-1 holder.
h1b visa in stey usa to sponsor document in h4 visa spouse send paper riqward semole
sanjaybaba prajapati,
I don’t understand what you just said. Can you use proper English (British or American doesn’t matter)?
Hi Saurabh,
I did L1 to H1 transfer. When I applied for H1 in the month of Nov 2011, I had LCA for State X and client is X. Unfortunately my H1 approval delayed and I got the same only in end Jan 2012. I joined client Y(in between I have 1 layer) in state Y in Mar 2012. My employer didnt file new LCA and H1 amendment as I need to renew my H1 in Jan 2013 as my H1 approved only for a year. Now I intend to send my wife for H4 visa stamping in the month of May 2012 who is in India as by that time I will have 2 months paystub.
1. Do I need to file LCA or H1 amendment for my wife’s H4?
2. Do my wife need to show my client letter again to consulate? If yes let me know client x or client y?
3. My pay stub will have state as Y. Will this create any problem?
Also let me know what other implications are there in my case.
Thanks
Madhan,
1. IMO, you should get new LCA and H-1 amendment
2. Yes, they can ask for those details. She should submit the current client which is Y. Submitting X details is a lie
3. If you have new LCA and H-1 amendment, then having Y on payslip will not be an issue.
Do not treat H-4 interview any lightly than H-1 visa.
Hii Saurabh
I am trying to fill out my wife DS 160 for H4 visa. I am stuck at the education and working section in the form. I am a Physical therapist(H1) and my wife is a Dentist(India). she used to work as a dentist work in a small clinic. I said she is currently unemployed and reason was because of her marriage she resigned the job (Can we state this in the DS form?). Further, Should I mention her BDS education details. Do I have to be more specific and nit picky of the details that I provide in the DS forms. Also, is it advisable to state that she is a Dentist. If I do so is it going interfere with her stamping under H4 visa? And under duration of stay I have my h1b visa stamp in my passport until 2013. but recently I got my H1 transfer approved with a trip to India(wedding) my i-94 is valid until 2015. So the duration of intended stay will be one year until 2013 for my wife or until 2015 as per my recent i-94. Please advise and clarify.Thanking you for all your time and effort.
Vasu,
If she is currently unemployed in India, then you should mention unemployed. It doesn’t matter what she used to work as. Also, it asks about education details and there you have mention all degrees. Duration of stay should be same as petition expiration date i.e. as per your new 797.
maha
my husband is working on H1.we r having our marriage certificate.
but we didnt take anyphotos for wedding.marriage certificate is sufficient for applying H4 visa
Maha,
Usually it is good to have wedding card/album as well. However, just having the marriage certificate can work as well.
Hi Saurabh,
Recently i came to us after finishing my H1B stamping in India, Now i am processing H4 stamping for my wife , she has interview on on Mar 29th , Currently i have one good offer with the new company , they are ready to transfer my H1B , these are my questions.
1) do i need to wait for transfer until my wife H4 got approved?
2) if i wait until H4 approved & after my transfer do i need to send my wife again for stamping in India before her travel or will it be posssible to travel with previous company stamping?
3) if we can travel with previous company stamping what are the documents to carry while travel ( do i need to send her the new H1B approval notice)?
Thanks
Narasimha
Narasimha,
1. No, you don’t need to wait for H-4 to be stamped. She can go w/ current employer documents and you can start H-1 transfer. When do you plan to start working for new employer?
2. No stamping is required once she has already got it stamped, even after changing employers
3. Yes, she should carry copies of old and new notices and other employment related documents (client, SOW etc) when entering US. She needs to carry employment documents for employer you will be working w/ at the time of her entry to US.
Hi Saurabh,
Thanks for your reply.
I am planning to join in April End.
Thanks
Narasimh
Narasimha,
Yes, it should be fine. She can go for H-4 visa stamping while you are still employed w/ old employer. Later she can travel to US using that visa stamp and employment related documents of the employer you are working for at the time of her arrival in US.
Hii
This forum is amazingly helpful. I recently got married during my trip to India and during this trip i had my h1 transfer to new employer. I came back on march 11, 2012. My wife needs to get her h4 visa. Since my company pays me biweekly.I wont have a full 80 hr pay check until april 10. but meanwhile i shall receive a paycheck for 32hr paycheck on 27 march 2012. Is one paystub enough for stamping. I have w2 forms and tax returns. Also, some of the websites say that she should carry an original h1b approval notice of mine is this true? please advise.
Vasu,
It would be ok to go for stamping now w/ whatever payslips you have. You would need paychecks for the time you have been in US. So that would mean your most recent one + ones from old employer when you were in US earlier.
Hi,
I have recently(01-Mar-2012) attended the H4 visa interview in Chennai US consulate and received the visa stamped passport yesterday.
My H4 visa contains a different petition number than my spouse’s H1B petition number.Please let me know the difference in petition number in my H4 visa and my spouse’s H1 petition is normal or should this need to be corrected before I start journey to USA.
As I am traveling first time to USA and already booked the tickets,I am nervous about this.Please help me and kindly request you to let me know if I can travel on 14 -Mar-2012 with this stamped visa or should cancel my travel and wait till this need to be resolved.
Thanks,
Vasanthi
Vasanthi,
Usually the petition number stamped in the visa stamp is same H-1’s petition number. Was the petition number ever changed for your husband? You can talk to your husband’s attorney if it may cause an issue at PoE, and also email/call US consulate that issued the visa.
Does any one know how much is the fee for H4 visa stamping?
It’s 8030 Inr
Thanks.
Hi… I got married on 2010 , we got our marriage certificate issued by tamilnadu gov on nov 2011. Now I am in need of us dependent visa.., whether red seal on marriage certificate required… Plz help
Rach,
I don’t think the red seal is important. As long as the marriage certificate is genuine and in English, you should be fine.
Hello Saurabh,
I got my H1 stamped recently from Mumbai, however my wife was unable to travel with me for stamping as she was not well. Her HDFC receipt is ready/issued though, only interview not scheduled with the consulate. Now she has gone back to her parents house for rest and treatment. I am planning to schedule an interview for her in Delhi consulate.
Question is:
I am planning to travel in 1 month to US, is there any problem my wife would face for H4 stamping since I am still in India and not in US ??
Is there a problem to go to a different consulate bcoz i got stamped in Mumbai ??
Should she carry my Original Passport and recently stamped Visa as part of her docs ?
She had L2 before and stayed in US with me for 3 years . I work for a big reputed mnc and have all docs in place.
Dear,
Before Saurabh’s suggestion, I would suggest you not to send ur wife to Delhi consulate, send her to mumbai only. though there is no issue sending her to any consulate but delhi is worst.
Sam,
It won’t be an issue that you have not travelled to US yet. One can go to any consulate for visa stamping (as per their news release some months ago). So it would be ok to go to Delhi or she wants back to Mumbai. She should carry copy of your passport and visa stamp. Original passport is not required.
Saurab,
I need your guidance. Planning to apply to H4 visa with few doubts in mind. Expect a prompt reply from you.
Concerns
1) Husband changed his visa from F1 to H1, currently working. With no stamping in passport
2) My F2 visa got rejected in the year 2010- Dec
3) At the time of rejection , my valid B1 visa (valid till 2017) been rejected – looks like that’s the procedure (correct me if I am wrong)
Question
1. Is this a common case, attending H4 for a H1 who has approval only in papers?
2. What should you answer if I was asked why was my B1 rejected (I really have no answer)
3. Is that fine I can go for an interview even after my visa rejected once?
Regards
mahi
Mahi,
1. It is ok to go for H-4 interview as long as your employer is working on H-1 and is maintaining legal status in US. It is not required for his H-1 visa to be stamped in the passport. Chances of approval will depend upon his profile, employer credentials and offered H-1 position.
2. You can say that you don’t know and it was canceled when you went for F-2 vis stamping
3. Yes, as long as the reasons for F-2 rejection weren’t related to false/incorrect documentation. Do you know why F-2 was rejected?
Saurab,
Thank you so much for taking time in replying to my concern!
To answer your question I did not have any issue with the documentation. Went for interview with proper paper works , however my interview lasted only for 3 mins , starting answer on my face was visa interviewer not convinced with my answer.
To add on , I attended the interview soon after five months my hubby travelled USA in student visa.
Kind Regards
Mahi
Hi,
I got my H1b visa approved on Nov 2011 and right now I am working in US. I want to bring my wife on H4 for that she has got her fresh passport couple of days back itself.. So can I bring her on H4? My worry is since she got her passport newly and I came to US on January 2012 whether I can process her h4 visa now? Or should I hv to wait for some specific time?
Basavraj,
Her new passport will not be an issue. As long as you have the payslips from Jan 2012 onwards, her H-4 stamping should go fine.
Thank u sourabh,
Lastly.. Whether the name of my spouse in passport should be the same as it is in our marriage certificate?
Basavraj,
Usually one expects them to be same. If they are different then VO may question the discrepancy and you guys will have to explain the same to them.
Hi Saurabh.
My Visa Extension got approved recently and I want to get my wife travelled to US on H4. As a mandatory Document, I will be sending her W2 form. In my W2 form, my Taxable Marital Status is mentioned as Single. Since the time I am in US, my wife is not along with me. But as this doc is required to her for visa stamping, please let me know if the Taxable Marital Status mentioned as Single in W2 form may lead to a problem. Thank a lot in advance for your help.
regards,
rahul
Rahul,
That should not be an issue, as your wife was not in US during that year.
hey sir i m in u.s.a rite now i just got my h4 approval nd i wanna go india for visit my wife she got her h1 last oct2011 , so can u tell what document i have go with and is hard to get stamping or is easy.
The documents have been listed in the article above. Stamping should not be taken lightly, even when it’s for H-4, especially if the spouse is working in EC or EVC model.
Hi
I am in USA now and my GC is current. But my wife is in india and planning to go for stamping for h4. She had applied and approved for h4 34 yrs back but never been on h1b. While filling the d160, I have found a question asking “has anyone applied for immi petition on your behalf with uscis”? Do I need to say YES or no?
Is there any chance that her h4 gets rejected because my GC is current?
The immigrant petition has been filed for you and not your wife, unless I485 has been filed for her. The I-140 contains only your information and not hers. So the answer should be No.
Also, H-1/4 are dual intent visa, and so stamping won’t be denied just b/c an immigrant petition is pending. That question is more relevant to highly non-immigrant visas like B-1/2 and F-1/2.
thanks a lot fo rthe info…
All the docs have been submitted at the counter today as we need to do it for HYD consulate..only concern now i s– my LCA was filed 3 days back and my wife has stamping on 9th feb…would it be a problem if the LCA is not approved by the time they do whatever verification about me and the docs submitted for 9th stamping?
Why is LCA not approved? Was another LCA filed b/c of change in client and/or location?
Hi
I have H1b and I am traveling to US . My wife also has got H1b but her employer is not sending her as of now.
Now if i stamp her H4 in case she want to come with me for some time ..What will happen to the existing H1. Is there any other way that both Visa should be valid i.e. existing H1 and New
Her H-1 will remain valid. Consulate may cancel her H-1 visa stamp when she goes for H-4 stamping, but that doesn’t push her out of quota. Once she is in US and finds an employer, she can apply for COS from H-4 to H-1 by filing a cap-exempt petition.
Hi,
I am planning to attend H4 visa interview. My spouse green card is in progress. I140 approved. Did not apply I485, waiting for my H4 visa. I was on L1 visa earlier, but now going for H4 visa. What are the questions I could face because of green card filing? I have interview this weekend. What additional documents would be helpful to convince the VO.
Thanks,
I don’t think they would ask much about the GC. They may just ask if the immigrant petition has been filed or not.
IMO, most of the questions would be around:
– your previous stay on L-1
– your husband’s H-1 employment
Just curious on the question ” has the immigration petetion been filed?” is i140 Considered that or is it 485 that’s considered as the immigration petition?
I-140 is the immigration petition.
Thanks Saurabh.
If I say yes, then what kind of questions can I expect from them? Do they say I will be immigrant and not issue a visa?
They might ask at what stage it is at. I don’t think too many questions will be asked about it.
H-1 is a dual intent visa, and one can easily file for immigrant petition w/o raising red flags at the consulate.
Hi Saurabh,
My wife is going for H4 stamping next week, and had a question..I have my I140 approved, and have not applied for 485 yet. If the VO asks my wife whether I’ve applied for GC, what should she answer?..Yes or No? Do you think it would be an issue for her stamping?
Yes, your wife can tell the VO that your I-140 has been approved but the dates are not current yet. H-1/4 are dual intent visa, and I doubt if the stamping would be rejected just b/c an immigration petition has been filed for you.
Hi,
My wife is planning on going for H4 stamping next week, and have a question about the SSN in DS 160 form. She was on H1B in the US for sometime (so has a SSN), and had to leave back to India. This was about 3 years ago. We are planning on applying for H4 again now. My concern is, will it be an issue if we provide the SSN, as they might ask, how did you get an SSN?, and will it be a problem for Stamping if they know that she worked in the US before? It would be extremely helpful if you can help me with this. Thanks!
They would already have it in their records that she was on H-1 at some point of time. So it’s not that they would know for the first time about H-1 if you mention your SSN in the DS form.
IMO, you can mention your SSN w/o any fear. If she has payslips and W2s for the period she was on H-1, then she should carry them as well.
A lot of people after working on H-1 file COS to H-4, which gets approved. So having worked on H-1 and now going for H-4 is not an issue.
Thanks a lot Sourabh! As always you’ve been extremely helpful!
Hi Sourabh,
I have just transferred my H1 B, I am working as E-V-V-C model. 1st Vendor didnt gave the letter (We used copy of denial) though I got from client and 2nd vendor in response to RFE fro transfer. Now, I am arranging for my wife’s stamping in india, I will have all the docs except letter from 1st Vendor, can I use same denial email or suggest what should I do, Already once my wifes visa got rejected 5 month back and I changed Client and Employer as my previous employer was not able to provide proper documents last time. Please suggest…
I fear that 221g would issued when she goes for H-4 visa stamping asking for all contracts and employer-employee relationship. Getting H-1/4 stamping done in EVVC model is quite difficult. I don’t think a denial email can be used as a documentary proof for visa stamping.
Ok. I will try to get letter from them.
Thanks for your reply.
One more question, We have contractual document between 1st and 2nd vendor, and between 2nd and my employer alongwith purchase order. Will it be ok for my wife to go for stamping with out contract docs between client and 1st vendor.
Thanks
I would advise against it. Consulate is pretty strict these days about these documents, and I fear she may be issued 221g b/c of this (which may eventually get denied b/c of missing document).
Do you have an attorney? If yes, then ask him what else can be used as a substitute to this. Can client issue a letter stating that you are providing services to them through middle vendors, and can the same be used in lieu of missing contract letter.
Saurabh,
I am in USA and my wife is planning to go for H4 stamping for new born kid in Hyd. I got couple of questions.Really appreciate your time and thank you very much for clarifying things for everyone. Best of luck to you and your team.
1. Do i need to send any no objection letter ?
2. I am working on EVC model. Will it be a problem . She is going for stamping using BEP and My employer is sending recent client letter and vendor letter which were used to get my h1B approval last week.
3.I got my h1b approved in premium 2 days back. We are hoping we will get I-797 copy within a week (before stamping).if we haven’t received,can we submit approval update from USICS website. My employer already applied for Duplicate so that consulate can access using PIMS.Do you foresee any issue ?
4.w2 is enough or Tax forms are needed?
5. Myself and my wife got EAD and AP and waiting for 485 approval. Will it be a positive oon our visa? I heard that there are some rejections even for H4.
Thanks again.
1. No. However, do send proofs that the kid is yours like parent’s name endorsed in passport, birth certificate etc.
2. I assume you are talking about petition approval and not stamping approval. Stamping is an entirely different process, and one should not take it lightly. These days H-4 stamping are as strict as H-1 stamping, and you may be asked some submit plethora of documents (including employer-employee relationship controls etc). So do not take it lightly.
3. No. A copy of 797 is required for the stamping.
4. W2 is enough along w/ recent 3-4 months’ payslips
5. I don’t think it will improve chances of approval.
Saurabh,
we got visa appointment on friday in Hyd and we have option to submit documents at VFS either monday or tuesday. I got everything ready(got approval copy friday) except h4 Invitation letter.
I got 2 questions about h4 Invitation Letter from Employer.
1.Can we use scanned copy of this h4 Invitation letter or does it need to be original signed letter?
2.Is it mandatory to submit initial documents at VFS or can we submit this invitation letter on stamping date.(we need to get the signature from HR manager who is on leave friday.We have option to submit either Monday (without h4 letter) or Tuesday(With signed scanned h4 letter)
Not sure about the importance of h4 letter.BTW ,we are going through BEP .
Thanks for your help.
1. Copy should be fine
2. H-4 invitation letter is not that important, and you can use your marriage certificate in lieu of the same. So you can submit on Monday, but if you really want to wait for H-4 invitation letter, then file it on Tuesday.
Thanks for all the help Saurabh.
My wife and kid went for h4 stamping and got the approval. VO Didn’t ask much even though i work on EVC model and i provided end client letter and vendor letter as part of BEP submission. Asked how many years i am with my current employer and who is the end client and where does he stay like that. Thank you for all the help .
Very next day we got the kid’s passport at VFS .Waiting to receive my wife’s passport. Did you see this as common and nothing to worry.?
I read some where that even after stamping,they can kep passport for Admin processing.(it’s hard to believe though)? is it true?
I am trying to get them travel here to USA asap to add them to my GC as it might approve any time. Is there any way to speed it up to receive passport (by contacting hyd consulate through email/call center even though it’s only 3rd day -including stamping date)without making further complexity? VFS doesn’t seems to be of any help in this.
Pls advice
I think your wife’s passport will arrive as well. However, there have been instances when VO said everything was ok, but then passport delivery took time b/c it was put under administrative processing. But again, it’s case to case basis.
Saurabh,
We have received passports after h4 stamping for my wife and Kid.
Thank you very much for your help .
Regards
Sai
Congrats Sai.
Hi Sir,
My L1-Blanket Visa is expiring by April-2012. Currently My Misses is having L2 Visa. However I want to apply L2 Visa for my Kid. Is it possible to apply Depended Visa now for my Kid now, As only 2+Month Visa is pending for mine… Kindly confirm.
Well, you can try but it would be approved (if it is) for only 2 months. So when your employer files for the extension, even the kid would have to be included.
Hi,
I have H4 Visa and wish to apply for H1 B ASAP. what is the process can i file it from US? how long i should have been US to be eligible to file on H4.
H-1 can be applied while one is in US. There is no minimum time one needs to spend in US to be eligible. As for the process, its similar to any regular H-1
– find an employer willing to file H-1
– let them file H-1, which USCIS will process
– once approved, you can start working on H-1
The only difference is that you can apply for H-1 along w/ COS (change of status), which when approved allows you to work on H-1 w/o needing to go out of the country to get H-1 visa stamped first. For more information, refer to other articles on this blog.
Got Visa!!
Hi all,
Had attend H4 visa interview at Chennai.
Below are the questions asked by VO.
1.what does your husband do?
2.Since when he is working?
3.Show me the employment letter?
4.Asked to show pay slips.
5.Which school did he study?
6.when did you get married?
7.Show me the wedding pics?
8.Where did marriage take place?
I thank people who manage this forum,its very helpful.
Thanks,
Congrats Geetha. Have a safe trip to US.
Can you please add if your husband already had his H-1 visa stamped, and whether he is working as a direct employee or in a consulting company (EC, EVC etc model)?
H1 Saurabh,
My husband just had H1 apporval,he should get it stamped.He is working in a consulting company.
Hi Saurabh,
Our PD is Nov 2009. Any Chances of getting it current in next bulletin??
Can you give the list of the Documents required for filing I 485?
Thanks in Advance
Ram
I don’t think it will become current in next bulletin as it has just moved by 9 months. However, I do see chances of it becoming current in next few months. I don’t know what documents are required from your side for I-485 filing. Your attorney would know.
Hi,
I’m currently in India working in a Software Company and have 4+ years of experience. I’m going to get married in Feb 2012. As my fiancee is staying in US and is on H1B visa, I need to move to US. I’m palnning to take H4 visa and travel to US. Could you please guide, how I need to plan for H4 and later on to H1B after going to US.
Thanks,
Krishna
Once you are married you can go for H-4 visa stamping by carrying the required documents. Once approved, you can travel to US on H-4 visa w/ your spouse. You can then search for an employer who is willing to file H-1 for you. The earliest date to file is April 1, 2012. It can be filed w/ COS (change of status) which when approved will allow you to start working in US on H-1 w/o needing to go out of country and get H-1 visa stamped. The earliest start date for H-1 employment is Oct 1, 2012.
You can go through other articles on this blog to get more information on this.
Hi.. I am presently in US on H4 visa. Can I apply EAD and start working? If not is there any other option I can get a job in US
A person on H-4 cannot apply for EAD. That’s for L-2 not H-4.
Hi Saurabh,
I had booked slot for H4 visa on 13th december(tuesday).Had received all the documents except bank statments of my husband.Will it be fine if my husband sends the scanned copy of bank statements or i should be carrying the original copy from bank, for the visa interview ?If he courier the originals now i dont think i can receive it by tuesday.So please suggest what can be done now.
Thanks,
Geetha.
Photocopies should work.
Saurabh,
I am getting married in another 6 months. What all I should do from my side to get H4 visa for my wife? Should my employer file any new petition indicating a dependent under my status? Please advice.
FYI, I work for a direct big US organization.
Thanks
Her H-4 can be applied only after you have been married. Marriage certificate needs to submitted when applying for dependent visa (along w/ passport etc).
Thanks Saurabh.
Is the document list that is mentioned in the article here, sufficient or is there any other document which needs to be carried for H4? Please advice.
The above list is good enough.
Hi Saurabh,
My Husband’s greencard is in transit. He will have to immediately apply for my greencard after he accepts his greencard. I am now on H4 visa. What are the Documents needed to get my greencard if its applied anytime next year. Do we need to provide an identity card in terms of [my] driving license [United States] or other identity cards [related to me] issued by the US department? Please Answer.
Thanks.
Kavya,
I don’t know answer to your question.
Hi Saurabh
As i have already told you that my H1B is already approved under Premium processing but still my employer and attorney has not recd. the original Notice of action , kindly let me know how much time it USCIS will take to send the original and can i schedule my appointment with embassy before receiving the original .
Thanks
Usually it takes 1-2 weeks. As it was filed w/ PP, your attorney can contact USCIS and ask for an update. You can schedule the interview, but you cannot attend the interview unless you have original or copy of the approved petition in hand.
hai saurabh,
Till date, how many H1B is stamped and how many is vaccant ?
Thnks,
Nivetha
They don’t issue statistics on how many visas have been stamped. If you are asking for cap/quota then that’s tracked on basis of how many petitions have been filed and not how many visas have been stamped. At the moment there are around 14K+ petitions still left to be accepted.
Hi Saurabh, My sister’s getting married next year. She would be there in US – Virginia on a H4 Visa. Is there any rule or [ law or amendment ] being passed [or in consideration] that H4 Visa holders may NOT be able to apply for Driving License from or after 1st Jan 2012.
I don’t know of any such rule. Usually they give out DLs to anyone who can prove that s/he is a legal resident in US. When your sister enters US, she will be granted an I-94 which would prove that she is legally present in US. She can carry that document to DMV and they would issue her a DL until the expiration date of I-94.
Hi,
I’m looking for a suggestion reg the H4 visa with out govt marriage certificate. I am working in US since last Nov 2010 on H1B visa. I got married in June2011 in a chruch and got a marriage certificate from the church. But i didnt register my marriage in government registrar office in India and due to leave issues I flew back to US soon after marriage, I couldn’t get my Govt Marriage certificate at that time.But the church has marriage registration authority and it has been recognized by Govt of India.
I am initiating my wife’s h4 visa now. So, Will the Christian cerificate work for H4 visa?
Is there any alternative available like getting the affidavit etc will work when we don’t have govt marriage certificate?
Any help will be greatly appreciated!
Regards,
Krishna
Hi Saurabh,
1.I am getting married on Feb 3,2012 and want to go to US on H4 visa.
My husband has H1-B visa. I need to go to US within 10 days after marriage that is around Feb 15,2012 . Is this time sufficient for me to get H4 visa?
2. I would like to study MS with my H4 visa status. So, should i need to apply for the universities when i am India only or should i apply after going to US?
Thanks in advance,
Swetha
1. You can go for stamping immediately after your marriage (you can get the marriage certificate the next day and attend the interview the following day). If stamping goes well then you can receive the stamped passport within a week; else it might take several weeks to months.
2. You can do the research while you are here. Are you planning to attend the school next fall? If yes, then you can look at the deadlines and if it is too close, then apply from India. Else wait to reach US and then apply (preferred as your status would be H-4 by that time).
Hi Kumar,
I got my H1B from Chennai consulate (presently living in B’lore) and now I need to apply H4 for my wife and baby (1 month old) and they are currently not in B’lore (for delivery went home) so can I apply their H4 at Delhi consulate or is it mandatory to apply at Chennai only? I got passport for my baby, other then birth certificate can you tell me what document/s I need to carry for her ?
thanks, Arun
They can apply for H-4 visa in Delhi as their current residence falls under that consulate region. If questioned why you went to Chennai and they are going to Delhi, she can let them know about the history.
For the child, birth certificate should be good enough as it would list you guys as parents. For the wife, marriage certificate, wedding album and/or card should be sufficient.
Hello Kumar
Iam planning to apply my H1 from Germany as i working here and my family is in India right now.
If i apply now,can they apply from India on the same day(if we get same day appointments) Or few days later.
Or If i apply first,and goto US then after how many months they can apply for H4.
I mean,for how many months i need to show the pay slips and bank statements.
(some say one month pay slip is enough,few say 3 months etc ,iam really confused)
Request you to clarify
regards
Well if you have same day appointments, your family’s interview may happen prior to yours (as India is east of Germany). I would recommend that you go for your stamping first and once it has been successfully stamped then your family goes for H-4 stamping.
It’s not necessary for you to be in US for them to apply for dependents visa. However, if they go for stamping after you have moved to US on H-1, then they would need recent payslips and W-2. They would need at most 3 payslips i.e. if you have spent less than 3 months in US then that many months’ payslips, but if you have spent more than 3 months then at least 3 most recent payslips.
Does that answer your question?
Hi, Is it mandatory that to get H-4B stamping for wife, Husband’s H-1B stamping must be done?….My wife is going to India and I m not going with her.
It is not necessary especially if the H-1 holder is already in US.
I want my wife to apply for H4, But we don’t have each other’s name printed on passport (India). But we have photos, original marriage certificate, wedding card.
Is spouse name printing on passport mandatory?
Not mandatory but good to have.
Hi Kumar,
Is it necessary to show wedding hall letter to the officer? we don’t have it and we are gonna attend the interview in sept. does it matters to them?
It’s not mandatory. Basically, the officer needs to be certain that you are married for the purpose of dependent visa. If you have the names endorsed in the passport, have marriage certificate and/or wedding album/card, that should be sufficient enough.