H-4 stamping without primary applicant help needed ASAP

[indira76]

Hi,
I am on a H-4 now.due to some emergency condition,i have to travel to India and when coming back I have to get my H-4 stamped in Delhi.My husband ,the primary H-1B holder is not travelling with me.

When I see under the supporting documentsin the vfs site, they ask for a photocopy of my husband's valid visa (he has not yet stamped )tho we have the original 797 with us and i shall be taking for the interview.

I have another option .
My GC is under process here.LC got cleared and we r applying for 140 and 485 together by next week.I am not sure if I can wait for my AP.(i understand i can get emergency AP in 24 hrs, but i have to have the recpt from INS for filing 485 ,which i believe will take 3 weeks from date of applying?)
Incase i do not take my AP ,can my husband mail it to my Indian address and can i use that to come back and hence avoid H-4 stamping?

If the above doesn't work,i'll have to go for H-4 stamping.

In this case,WIll i be facing any problem in the consulate?(for, I'll not be having the primary applicant's valid visa page from the passport)has anyone faced this situation before?
I have a valid 797(H-4) till Feb 2007.

Experts,please advise ASAP
Thanks,
Indira76

[indira76]

please respond

can some one suggest me/answer my queries..please

thanks,
indira76

[meha]

If you have a valid H4 petiton, without ever going out of status, I donot think you will have much trouble getting the visa stamped. just take the whole copy of your husbands' H1B petition with you for the intreview, along with his last pay stub.
You will need to take the original I 797 petition approved also with your marriage certificate.
You may consider taking a letter from your husband's employer ststing that he is still employed with them since??? till present with salary of??
I hope this helps

[indira76]

Thanks meha for the response.

I am carrying a letter from my husband's employer as described.
also the original 797 + marriage certificate .

I'll defntly post my experience in the forum after my stamping (july )

thanks again,
Indira 76

[verycrazyguy]

I didnt understand Y do U need to get stamped again if ur H4 visa is till Feb 2007?
U can travel to U.S 2-3 months b4 expiry of visa.

[mdevani]

Consulate will not stamp...

As you have visa valid until Feb 2007, consulate will not issue new visa. I think they will issue visa olny when it is going to expire in 90 day (you can confirm this time at INS site).

[indira76]

hi guys,
am sorry for the confusion.My H-4 visa is expired.But I do have a valid I 797 ( my husband got a seventh year extension for his H-1)that's the reason I have to get it stamped when coming back from India.Since he (the primary applicant) is not travelling with me and his visa is not yet stamped on his passport(tho he has a valid 797) i am a bit worried about getting it stamped alone.(they ask for a photocopy of the primary applicant's valid visa under the supporting documents in VFS site)

If anyone come across a case like this, please let me know.Thanks for yor responses.

Indira76

[jas]

Hi,

My wife has the same problem. My H1 visa expired in Apr06 and I have the 7th yr extension approval, which is till Apr 07. She wants to travel to India in the coming months, whereas I do not. Can she get her H4 stamped in India, without me also travelling with her. Please advise. Any help is greatly appreciated.

Thanks,
Jas

[indira76]

Hi ,
I just found out that someone came thro chennai consulate in the same scenario..infact, the person had carried only a copy of I797 for the interview(her husband had the original here in the US)they gave her the H-4 without any problem..

However, my lawyer has asked me to take my husband's original I797 with me for the interview..

i shall defntly post my experience once i attend the interview(july 13)

If u have not booked a date for the H-4 interview, u should go ahead and book it now and just collect all the documents and let your wife take a vacation.

Good luck,
Indira76

[jas]

Thanks Indira. Please let us know your experience once your interview is done.