H1 and H4 question

[indyanguy]

I have H1 visa from company A, working for company B. I will be visiting my home country to get married in few months. My fiance will be applying for a H4. I have a few questions:

1. Do I need to get a H1 visa stamped on my PP for company B before she can go for H4?
2. If yes for (1), can we both go together to the consulate or do I need to get it stamped before she goes?
3. If both of us can go at the same time, how do I take the appt. at VFS? Would they be 2 different appts or do I take an appointment first and then add the H4 applicant??

Thanks for the help

[veena_swsh]

Hi,
You will however need a valid visa stamped in your passport to re-enter the US. One appointment for the both of you should be good, as it will make your spouse's visa issuance easier.

[indyanguy]

thanks veena_swsh

If its not required, I dont think i would want to go in for the visa stamping (i have a valid visa from my previous employer). So, when my spouse goes to the embassy for H4, would she have any issues since I dont have a visa from my current employer?

Hi,
You will however need a valid visa stamped in your passport to re-enter the US. One appointment for the both of you should be good, as it will make your spouse's visa issuance easier.

[veena_swsh]

Hi,
Actually you do not need a H1b stamp from your Co.B, if the visa of Co.A is still valid. Your wife can also show the Co.B approval and get her H4 stamped for Co.B's petition validity. But she might have to answer to a question as to why the spouse has not chosen to get a stamp despite the recent visit. There was an earlier thread in this section by a person with a similar problem. I am not sure though what happened to his case.

[veena_swsh]

http://www.immihelp.com/forum/showthread.php?t=10993&page=1&pp=10

[indyanguy]

thanks veena_swsh, that link was really helpful

After going through that thread, i realized that the safest thing to do is to get my passport stamped. Now, the question I have is do I need to go to Canada/Mexico and get a stamping before my wife goes for her H4 or can we both go together to the chennai consulate and get both of our passports stamped at the same time?

thanks again for all the help

http://www.immihelp.com/forum/showth...3&page=1&pp=10

[veena_swsh]

Hi,
Personally, I would suggest take one appointment for the both of you in India. Be double sure that you have all the documentation. Its as good as a fresh stamping except that you will have to produce all proof of prior employment in the US like Tax returns, W2s, Pay-slips, client letter (if applicable), etc. that way you can ensure that your wife's H4 stamping goes on smoothly.
Legally speaking, the consulate should stamp her H4 even if your passport is not stamped with the present company's H1B. Because of the recent trends at the consulate (esp. chennai) I am unable to vouch for the statement. You will however qualify for an emergency appointment as a returning worker and can approach any of the 4 consulates in India.
All the Best.