DS-160 Application for H-4 Visa Stamping Question

[agrawalyogesh]

Hi,

I am filling the DS-160 for my wife who is on an H4 right now.

She got her H1 last year and within a month she filed an application for change of status from H1 - H4.

That is her H1 was valid from Oct 1st 2009 and she filed an application for change of status on October 30, 2009.

Now since then we are going for first time we are going for stamping to India.

In DS-160 there is a section where we have to enter the previous Work experience i.e. any in the last 5 years.

So should the 1 month of H1 will be considered as an employment? Do I have to enter that in DS -160 Previous work section?

Your help is appreciated.

Thanks,
Yogesh

[Subramanya]

I am filling the DS-160 for my wife who is on an H4 right now.

She got her H1 last year and within a month she filed an application for change of status from H1 - H4.

That is her H1 was valid from Oct 1st 2009 and she filed an application for change of status on October 30, 2009.

Now since then we are going for first time we are going for stamping to India.

In DS-160 there is a section where we have to enter the previous Work experience i.e. any in the last 5 years.

So should the 1 month of H1 will be considered as an employment? Do I have to enter that in DS -160 Previous work section?

---- YES, If the work experience is even for a week mention that so that the VO knows that she had aH1 and worked for 1 month and applied for a COS to H4. This will show that she has not worked while on H4 and also an H1 was granted to her

---- Normally VO's are under the imression that when one applies for H4, they have not or are not working if they are seeking H4. Of course it does not prevent her from applying for a COS from H4 to H1 when comes to the US and the VO's are aware of this. Moreover your wife already had a H1 meaning that there are stron possibilities that she will apply for a COS from h4 to H1and it will not be cap counted

Subramanya

[agrawalyogesh]

Thanks Subramanya, one thing that I forgot to mention is that, she didn't get paid for that one month, or basically she didn't worked in that period, but yes she was on the H1-B status. Does this changes your response?

[Nikhil agarwal]

DS 160 for Family

As I have got the H1 B visa approval, so now I need to fill the DS-160 form to get an appointment for stamping, recently I got to know that I need to submit the DS-160 for my family members too.

My wife and my son ( 1.5 Years ) will be staying with me in US but initially I want to travel to the US alone and want to call them later, after 2,3 months.

Actually my son is not having the passport and he can't get it issued until one of his parent has spouse name added in his passport.

So I have started the process of passport REISSUE for my wife in India but it will take at least 1 month from now to get her passport reissued.
Then only we can apply for the passport of my son and hence I am confused with the whole process of H4 application for my family members.

So following are the main issues I am facing and need your guidance to get the best possible solution -

My son is not having a passport.

Because of the above issues how to submit the DS-160 for the family ?

So for now should I submit the DS-160 for myself only ?

Please note that we have a valid marriage certificate and birth certificate of my son.

[raghvi]

Thanks Subramanya, one thing that I forgot to mention is that, she didn't get paid for that one month, or basically she didn't worked in that period, but yes she was on the H1-B status. Does this changes your response?

There is also a section to declare illegal presence, as well as a section to mention if you violated the status any point of time. If she wasnt paid for that one month she was basically out of status for that time and should be declared.

This is my opinion not legal advice.

- - - Updated - - -

As I have got the H1 B visa approval, so now I need to fill the DS-160 form to get an appointment for stamping, recently I got to know that I need to submit the DS-160 for my family members too.

My wife and my son ( 1.5 Years ) will be staying with me in US but initially I want to travel to the US alone and want to call them later, after 2,3 months.

Actually my son is not having the passport and he can't get it issued until one of his parent has spouse name added in his passport.

So I have started the process of passport REISSUE for my wife in India but it will take at least 1 month from now to get her passport reissued.
Then only we can apply for the passport of my son and hence I am confused with the whole process of H4 application for my family members.

So following are the main issues I am facing and need your guidance to get the best possible solution -

My son is not having a passport.

Because of the above issues how to submit the DS-160 for the family ?

So for now should I submit the DS-160 for myself only ?

Please note that we have a valid marriage certificate and birth certificate of my son.

Please dont hijack a thread and confuse everyone as to what the original thread was for.

Each person needs a DS-160, and each DS-160 would need a passport. So you can fill DS-160 for yourself, and fill for your spouse and chile later on, OR, fill for yourself and your spouse, and subsequently fill for child once get the passport and use the drop box. Any further questions, please open a new thread.

This is my opinion not legal advice.