H4 already approved and planning for H4 stamping, with H1 picked in lottery today

[roshanrosareofernandos]

Hi,

My dependant's H4 is already approved and she is in US, and since we are planning on vacation, she is planning to get the stamping done for H4.
Today, the H1 got picked in lottery for my dependant, which would get stamped only in October.

So, my question is below=>
a) Is it safe for my dependant to get stamped on H4 in the embassy? so that she can return back to US.
b) In the DS160 form for H4 stamping, i vaguely remember there is an option of have you ever filed before? If so, what should i fill in there? Should i check-in that option and mention that H1 is applied?

Please help at the earliest.

regards,
Roshan

[raghvi]

Hi,

My dependant's H4 is already approved and she is in US, and since we are planning on vacation, she is planning to get the stamping done for H4.
Today, the H1 got picked in lottery for my dependant, which would get stamped only in October.

So, my question is below=>
a) Is it safe for my dependant to get stamped on H4 in the embassy? so that she can return back to US.
b) In the DS160 form for H4 stamping, i vaguely remember there is an option of have you ever filed before? If so, what should i fill in there? Should i check-in that option and mention that H1 is applied?

Please help at the earliest.

regards,
Roshan

I am assuming she did a COS/extension of H4 and now planning a trip outside US and in order to return would need a H4 stamping done.

1. Was her H1 applied as COS? If yes, then if she travels before H1 approval notice, the COS would get abandoned.
a. I dont see any issue in her H4 stamping as long as you are maintaining valid H1 status, but as I mentioned, her COS might get abandoned if she travels.
b. That is only for GC applications, not H1 applications.

This is my opinion not legal advice.

[roshanrosareofernandos]

I am assuming she did a COS/extension of H4 and now planning a trip outside US and in order to return would need a H4 stamping done.

1. Was her H1 applied as COS? If yes, then if she travels before H1 approval notice, the COS would get abandoned.
a. I dont see any issue in her H4 stamping as long as you are maintaining valid H1 status, but as I mentioned, her COS might get abandoned if she travels.
b. That is only for GC applications, not H1 applications.

This is my opinion not legal advice.

Yes, H1 was filed as COS. Then to maintain her COS, then i see the only option is to cancel my vacation.
1) I got a I797C today. Do you mean the approval notice as I797A or I797B? And usually how long would it be to get I797A/I797B from the time i get the I797C?
2) Also, since it is a COS, Can the stamping for H1 be done only by October, or would i be able to plan before that? (I am aware usual stampings are done from October).

[raghvi]

Yes, H1 was filed as COS. Then to maintain her COS, then i see the only option is to cancel my vacation.
1) I got a I797C today. Do you mean the approval notice as I797A or I797B? And usually how long would it be to get I797A/I797B from the time i get the I797C?
2) Also, since it is a COS, Can the stamping for H1 be done only by October, or would i be able to plan before that? (I am aware usual stampings are done from October).

1. If it was a COS the approval would result in a I797A, else I797B. If filed in premium you should be able to get it soon.
2. COS and stamping date are not related. Having done a COS doesn't give an advantage to have an early visa stamping. The earliest she can go for H1 stamping based on an H1 petition is 30 Days before the start date. So if her petition is starting 01-Oct-2015 then probably August First week is the earliest she can for H1 stamping.

This is my opinion not legal advice.