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Form I-797 approval required for first time H4 visa applicants?

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  • Form I-797 approval required for first time H4 visa applicants?

    Hi All,

    Here is once scenario where I would like to know your opinion or your experiences..

    II will be applying for a H4 visa . It would be the first time I would be applying for US visa. I have one query related to the documents that a H4 applicant need to carry. The immihelp page says that one (H4 applicant) needs their own Form I-797 approval and the original I797 is not required (refer link :https://www.immihelp.com/h4-visa-stamping-documents/)

    P.S. Immihelp admin's/moderators. Please correct me if I have misinterpreted any information on the above link .

    Now , how could I get my own Form I-797 approval ? I was aware that an H1b holder has this petition approved but now it seems that a dependent also needs his/her own Form I-797. How do I apply for this form? Or does my spouse need to apply for it? or my spouses' employer needs to apply for it?
    Now in my case , would I or my husband or his employer..(whoever applies for that i797 form for the dependent) can apply for the Form i797 before we get married. The reason for asking such a question is that we are planning to get married at nov end and scheduling interview in december 1st week. Then till the time of interview I should have my Form 1797 with me..Now looking at the very little time between my wedding and the interview date, its looks very unrealistic to apply and get an approval for I797 .

    Please tell me as to what I could do?

    Also some more questions :
    1. In the new visa system, if I get my visa approved then can I collect my passport the very same day(at evening)
    2. Or do I get the passport courier at my mail address I have entered ?
    3. Do I need to pay any additional fee for getting the passport mailed at my home address.?(I happened to read it on one of the threads in this forum)
    4. What is the average time to get the passport in hand.

    Please let me know answers to these questions urgently.

  • #2
    You have misunderstood. If you are a first time H4 applicant, you can't have I-797 for yourself. You need that for your husband.


    1. NO.
    2 & 3. Normal procedure is to pick up the passport. Alternatively, you can pay Rs. 300 for it to be delivered to your address.
    4. About a week.
    Immihelp Support
    No legal advice. Use at your own risk.

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