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H4 For my Husband

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  • H4 For my Husband

    Hi,
    Iam in my H1 status for 3 years now.I had applied for my extension in dec 2007.It was approved in april but my I-797 was lost in the mail.My husband is in India due to his work.He is planning to join me.When i enquired about my paper my attorney said he does not know how long we have to wait for a copy.He has given a notorised letter to the consulate stating my condition and also the copy saying my H1 was approved.please advice me whether that letter is enough or should i need the original I-797 for the visa interview.Please help me with this.

    Thanks.

  • #2
    Does the attorney have a copy of the approval?

    Was it lost in the mail from USCIS to the attorney or from the attorney to you?

    It may not work. If you have a copy of the approval, it could work as the expiry date of the visa will be based on the I797 and without that, they would not be in a position to approve the H4.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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    • #3
      Thanks for your reply.We only got an e-mail stating it to be approved.The original notice was lost when it was sent by uscis.My attorney has given the whole petition copy with the dates in it.my case status online also shows it to be approved.But they say to get a copy it would take atleast 6 months and they suggested i try this.Please advice me regarding this.

      Thanks.

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      • #4
        You can try but it will not work as consulates are strict about it. The initial blue envelop checklist has I797 and I am thinking they might turn you back if I797 is missing.

        No harm in trying and the worst case will be a 221g asking for the I797. If it is a rejection, you will have to shell out the visa fee one more time.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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        • #5
          Yes,that is what my attorney told me.Instead of waiting for 6 more months for the paper if my luck works he might get his visa.Hope it will work.Thanks for ur response.

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