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URGENT HELP: H1 and H4 Visas issued. Can H4 dependent travel first to USA

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  • URGENT HELP: H1 and H4 Visas issued. Can H4 dependent travel first to USA

    Me and my wife have had B1/B2 Visa and recently we got the same (B1/B2) Visa stamping done for our 2 Kids.

    We had no immediate plan to travel to USA. But, my in-laws are planning to visit their son in USA for this Summer (May 2013). They wanted to take my elder son along with them for a pleasure trip as he already has a B1/B2 Visa. This trip is scheduled for the first week of May. We have already booked the tickets for them.

    Recently (1st week of April) I appeared for H1 B Visa in Hyderabad and got the stamping done. After I got my H1 B Visa, I decided to send my family for their H4 Visa stamping. They appeared for Visa stamping and they got the Visa. I am planning to travel to USA on my H1 B Visa by 1st week of June. My spouse and 2nd kid will also join me on their H4 Visa.

    Now my question is:

    1) Can my elder son travel to USA along with his grand parents, while we (his parents) are still in India?

    2) If he can travel, can he use the H4 Visa (as we - his parents are still in India and not in USA yet)?
    2.1) What documents (or) proofs he should carry to show at Port of entry?
    2.2) Is an authorization letter from both the parents sufficient?
    2.3) If asked about parents at the port of entry, can he / grand parents say that the parents are still in India.

    3) If he cannot travel on H4 Visa, can he travel on his B1/B2 Visa and transfer to H4 after we (my family) join him in June?
    3.1) What will be the procedure?

    4) If he enters USA with B1/B2 Visa, are there chances of his H4 Visa getting cancelled at the port of entry? Please confirm.

    5) Or, is it advisable to postpone by son's trip and have him travel along with us.

    Please provide quick help, as the journey date for my kid is nearing by.

  • #2
    Originally posted by need_info View Post
    Me and my wife have had B1/B2 Visa and recently we got the same (B1/B2) Visa stamping done for our 2 Kids.

    We had no immediate plan to travel to USA. But, my in-laws are planning to visit their son in USA for this Summer (May 2013). They wanted to take my elder son along with them for a pleasure trip as he already has a B1/B2 Visa. This trip is scheduled for the first week of May. We have already booked the tickets for them.

    Recently (1st week of April) I appeared for H1 B Visa in Hyderabad and got the stamping done. After I got my H1 B Visa, I decided to send my family for their H4 Visa stamping. They appeared for Visa stamping and they got the Visa. I am planning to travel to USA on my H1 B Visa by 1st week of June. My spouse and 2nd kid will also join me on their H4 Visa.

    Now my question is:

    1) Can my elder son travel to USA along with his grand parents, while we (his parents) are still in India? -- Yes

    2) If he can travel, can he use the H4 Visa (as we - his parents are still in India and not in USA yet)? -- No, use the B2 Visa if not canceled
    2.1) What documents (or) proofs he should carry to show at Port of entry? --Nothing specific
    2.2) Is an authorization letter from both the parents sufficient? -- Yes
    2.3) If asked about parents at the port of entry, can he / grand parents say that the parents are still in India. --Yes

    3) If he cannot travel on H4 Visa, can he travel on his B1/B2 Visa and transfer to H4 after we (my family) join him in June? --Yes, possible, but not recommended
    3.1) What will be the procedure? -- Form I-539 to change status

    4) If he enters USA with B1/B2 Visa, are there chances of his H4 Visa getting cancelled at the port of entry? Please confirm. -- Not likely

    5) Or, is it advisable to postpone by son's trip and have him travel along with us. -- Better or he can travel in B2 status, return and then again travel in H4 status.

    Please provide quick help, as the journey date for my kid is nearing by.
    See above.
    This is my opinion and not legal advice.

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