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  • H4 stamp with out stamping H1b

    I and my wife got the 11/2 year H1b approval (I797). My wife had an emergency and left to INDIA. can my wife go to American Consulate in INDIA and get the stamping with out me (primary H1B holder stamping )? Note she has a seperate H4 I-797 notice with her.

    Is it a must that she should have H1b stamp first or should I go for stamping too ?

    Please reply if you know. This is an emergency.
    Last edited by ramkumar; 01-02-2007, 02:53 AM.

  • #2
    sorry can't understand your question clearly. if you are asking whether your wife could get new h4 stamp (based on her new I-797) without you getting new H1b stamp(based on your new I-797) , then the answer is yes.

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    • #3
      Subramanyam can you pls answer this question

      Subramanyam can you pls answer this question

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      • #4
        Please state the case clearly ....

        Who has H1 and is your wife dependant.

        Was this a case of Change of status or Extension

        Comment


        • #5
          Originally posted by ramkumar
          I and my wife got the 11/2 year H1b approval (I797). My wife had an emergency and left to INDIA. can my wife go to American Consulate in INDIA and get the stamping with out me (primary H1B holder stamping )? Note she has a seperate H4 I-797 notice with her.

          Is it a must that she should have H1b stamp first or should I go for stamping too ?

          Please reply if you know. This is an emergency.
          Ref http://www.immihelp.com/forum/showthread.php?t=23609
          Thx
          RK

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          • #6
            hi ramkumar...pls reply

            hi,
            I am in the same situation as yours.my wife is going to india and she needs to get her h4 restamping done as her old visa is already expired last year.i dont have a valid visa in my passport but i have new h1b approval(I 797). Also my wife has her own h4 approval notice till 2009.I cannot accompany her on this trip.
            My query is that will my wife be able to get her h4 restamping done without my current H1 stamping on my passport?
            I am asking this because i read this in the visa guidance sheet that a photocopy of the principle applicant's valid visa is required for interview.
            please tell me what happened in your case .

            SUBRAMANYA...pls throw some light on this if possible.
            thanx ..both of you
            Last edited by lighto; 01-19-2007, 09:08 PM.

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            • #7
              subramanya...pls reply..urgent

              Originally posted by lighto
              hi,
              I am in the same situation as yours.my wife is going to india and she needs to get her h4 restamping done as her old visa is already expired last year.i dont have a valid visa in my passport but i have new h1b approval(I 797). Also my wife has her own h4 approval notice till 2009.I cannot accompany her on this trip.
              My query is that will my wife be able to get her h4 restamping done without my current H1 stamping on my passport?
              I am asking this because i read this in the visa guidance sheet that a photocopy of the principle applicant's valid visa is required for interview.
              please tell me what happened in your case .

              SUBRAMANYA...pls throw some light on this if possible.
              thanx ..both of you
              please reply to this one....anyone who has had a similar situation

              Comment


              • #8
                H4 and H1 issues

                [QUOTE=lighto]hi,
                I am in the same situation as yours.my wife is going to india and she needs to get her h4 restamping done as her old visa is already expired last year.i dont have a valid visa in my passport but i have new h1b approval(I 797). Also my wife has her own h4 approval notice till 2009.I cannot accompany her on this trip.
                My query is that will my wife be able to get her h4 restamping done without my current H1 stamping on my passport?
                I am asking this because i read this in the visa guidance sheet that a photocopy of the principle applicant's valid visa is required for interview.
                please tell me what happened in your case .

                ---- Yes, she can get the Visa issued without a H1 being affixed on your Passport. Ensure that you give her a copy of the H1 approval notice to cross verify that the H4 is in fact based on teh princilpal applicant's H1.

                ---- When they say a photocopy of the principal applicant's valid Visa it can also be the H1 approval notice and not necessarily a Visa affixed on your Passport

                Subramanya

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                • #9
                  thanks a ton ..subramanya

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                  • #10
                    subramanya....one more ques please..

                    thanks a ton ..subramanya for your quick reply.
                    i have one more question-is it possible for me to enter US using my advance parole while my wife is using h4 visa.i heard somewhere that if i use AP to enter US then i cannot continue my h1 status.

                    could you pls shed some light on this too.
                    thanks

                    Comment


                    • #11
                      subramanya .....pls reply

                      hi subramanya,
                      thanks for ur last reply.
                      I have one more question for you.I have my advance parole...so will it be possible for me to enter US using my advance parole while my wife uses her h4.

                      Will it affect my H1B status if I use AP to enter USA??

                      If we try to enter US together...me using advance parole and my wife using H4...will it create any problems at POE??

                      please shed some light on this...Thanks

                      Comment


                      • #12
                        AP and H4

                        thanks for ur last reply.
                        I have one more question for you.I have my advance parole...so will it be possible for me to enter US using my advance parole while my wife uses her h4.

                        ---- If your AP is valid and unexpired there should not be an issue coming to USA

                        Will it affect my H1B status if I use AP to enter USA??

                        ---- NO

                        If we try to enter US together...me using advance parole and my wife using H4...will it create any problems at POE??

                        ---- NO

                        Subramanya

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