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Please help: H1B stamping / H4B application

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  • Please help: H1B stamping / H4B application

    I came to the US in August 2006 on F1 student visa. After my graduation I started working while on OPT. My visa status changed to H1B effective October 1st, 2008.
    I am travelling to India this December for my marriage. I am planning to take an interview date for H1B stamping 4-5 days after marriage so that I can add her as dependent and also get her H4B visa.

    I have couple of questions:

    Online Application:
    1) Which option is appropriate for my case: A resident of India/Bhutan OR An Indian citizen resident in the US?

    2) For the question "Are you applying for the same class of visa which is currently valid or has expired within the past 12 months?" what should be my answer. I am guessing the answer should be "yes" because my visa status automatically changed to H1B on October 1st, 2008 and I am taking an interview date for getting the same visa status stamped on my passport.

    H4B:
    3) Do we need to take marriage invitation letter and photo album along with other documents including marriage certificate for H4B?

    4) If I need to take my wife for H4B along with me, I need to mention while applying online now (before getting married) that I am married so that I can add her as dependent spouse. Is it better to add this now or after getting married I can amend this detail on printed DS-156 form before my interview?

    Another option would be to get my H1B visa stamped once I reach India and after marriage apply for her H4B case separately.

    Immediate response greatly appreciated

    Jango

  • #2
    Hi,

    Following is my opinion/answers:

    (a) I think u can choose the second option - An Indian citizen resident in the US as u r in US working on H1 and ur stay in US is more than 180 days for this calendar year.
    But please confirm once again from seniors and also by calling the VFS Helpline of the Consulate where u r going to take the Interview.
    Reason being - for my friend he called the VFS helpline and they asked him to choose first option although he was staying in US for more than 180 days in the current year. So i don;t know whether it was the ignorance of them or some reason for it.

    (2) For this -I think Answer should be "NO" - as per ur details ur Visa on ur passport is F1 and not H1. Although ur status in US changed to H1 but they are talking abt the VISA on ur passport and not ur status.

    H4
    ====
    3) It is the mandatory/most important requirement for H4

    4) Whenever u fill DS-156 and DS-157 ...it will be there on the server only for 7 days and after that u have to fill it again.

    best option is that both of u should go together - becos once ur H1 is approved/stamped -then H4 gets approved automatically , i mean 99%.

    ----Abhay

    Comment


    • #3
      thanks abhay for your relpy..

      1) actually i called VFS helpline they told the same to me....but to make sure i sent an email to vfs,chennai...but they didnt reply yet....but if i pick option "resident in india"...it will show i should pick state of residence where I was staying for the last 6 months...but if thats the case then i can not pick that...also once u pick "an indian resident staying in US" it shows as this option is only for H/L visas which I am,,,,ayway still waiting for reply from vfs,chennai..

      2) u r rite...it shud be whats already stamped on my passport...


      for H4B do we need to fill separate application form online?

      Jango

      Comment


      • #4
        Hi,

        Yes...you have to fill the forms for H4 also online.

        If u are taking the H4 appointment with you - then once u fill ur forms for H1 - then there is an option of adding the dependents and then u have to fill the forms for ur wife.
        So both will have the same appointment time

        ---Abhay

        Comment


        • #5
          so i have to fill marital status as married...even though i am not yet married....?

          Comment


          • #6
            Yes, provided the interview date is after marriage.

            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.

            Comment


            • #7
              Hi abhayg4,

              Can you reply with your experience on which option you selected for making online appointment with US consulate.

              I'm also in same situation as i came to India for renewal and going to take appointment and struck in question "Are You"? A resident of India/Bhutan or An Indian citizen resident in the US.

              I cannot select 1st option as i'm not in india for the last 6 months. I wanted to know if i can select 2nd option An Indian citizen resident in the US and book appointments?

              Please reply
              Originally posted by abhayg4 View Post
              Hi,

              Yes...you have to fill the forms for H4 also online.

              If u are taking the H4 appointment with you - then once u fill ur forms for H1 - then there is an option of adding the dependents and then u have to fill the forms for ur wife.
              So both will have the same appointment time

              ---Abhay

              Comment


              • #8
                You can select "An Indian citizen resident in the US".
                Not a legal advice. Use of this information is strictly at your own risk.

                Comment


                • #9
                  Originally posted by shervin143 View Post
                  You can select "An Indian citizen resident in the US".
                  Thanks very much

                  Comment


                  • #10
                    Re: i too need answers to questions 1 and 2 (above)

                    I had the exact same question as 1 and 2 above and would really appreciate some guidance with this.
                    Any successful stampings at Mumbai recently?

                    Comment


                    • #11
                      reply for questions 1 and 2

                      I had the same set of questions. Now some answers:

                      1) From other forums, seems that there have been successful cases with Option NO ( i.e Indian/Bhutan resident) chosen

                      2) I tried to book the appointment with the Option:"Are you applying for the same class of visa which is currently valid or has expired within the past 12 months?" as YES The appointment confirmation had the CASE TYPE as "VISA RENEWAL". The other option returns CASE TYPE as "REGULAR".
                      It seems CASE TYPE REGULAR for Option "NO" is the correct one.

                      Will post if these Options are correct after my interview.

                      Comment

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