H4 visa pending for 1 yr.

[happybuddha]

Well, if you have avalid H1B visa in the passport as of the date of return, there is no need to go for visa stamping again. The only benefit of applying H1B/H4 together is if H1B gets approved, so will H4 (at least is most cases). There are so many ocurances where the H1B was approved but when H4 was applied later, it was put under admin process. Also, it is easy to get the required documents from the employer when the H1B candidate applies for visa. Some employers are very reluctant to give confidential documents when requested for their dependents. With H1B/H4 applying together, most of the questions are directly asked to the H1B holder.

Fantastic. Thanks Shervin. Out of curiosity, can you please tell what confidential documents are asked for ? I was told its only a certificate/letter of employment saying 'this Jack works in our great sweat shop' is required

[shervin143]

Here are few...
Company's income tax returns,
Notarized list of all the employees working for the company,
Unemployment wage report

https://www.immihelp.com/h1-visa-stamping-documents/

Fantastic. Thanks Shervin. Out of curiosity, can you please tell what confidential documents are asked for ? I was told its only a certificate/letter of employment saying 'this Jack works in our great sweat shop' is required

[happybuddha]

Here are few...
Company's income tax returns,
Notarized list of all the employees working for the company,
Unemployment wage report

https://www.immihelp.com/h1-visa-stamping-documents/

Cool. Thanks. I am sure for H1b stamping all possible documentation is required. The more the better
I was asking under the H4 context.

[shervin143]

It is no different man. These documents were asked during H4 visa interviews too (Sometimes depending on the VO). Search the forum and find the relavant posts.

Cool. Thanks. I am sure for H1b stamping all possible documentation is required. The more the better
I was asking under the H4 context.

[svch]

H4 visa pending:1Yr @Hyd - Passport without stamping is returned

My husband collected the passport, and was not Stamped

This is actually expected because we only requested teh consulate to return the passport.

@Shervin:

As @happybuddha, my Visa was also stamped till the very last of 2013.
Also, I am not changing my employer. Will changing employer really works? If yes, I will have to think over it. Otherwise, I have the same set of documents.

However, I have a kid(<5Yrs old) in India who haven't yet appeared for H4. If we withdraw my husband's current H4 application & apply again along with my kid this time, then will this work atleast?
Or As it is already almost an year, is it better to wait for some more time before we take any other decision? Please advise.

[shervin143]

As @happybuddha, my Visa was also stamped till the very last of 2013.
Also, I am not changing my employer. Will changing employer really works? If yes, I will have to think over it. Otherwise, I have the same set of documents.
>>> Changing employer and apply for the visa with the new set of documents can work. People have done it successfully.

However, I have a kid(<5Yrs old) in India who haven't yet appeared for H4. If we withdraw my husband's current H4 application & apply again along with my kid this time, then will this work atleast?
>>> As per the latest VFS update, kids below 7 years are not required to attend the visa interview. They are eligible for the visa interview waiver. Withdrawing the H4 application and applying again with the kid may not work. Why was the case put into admin process?

Or As it is already almost an year, is it better to wait for some more time before we take any other decision?
>>> It is already 1 year. How do yo know if the consulate is working on the case or not. If you have time to wait, then you can.

[svch]

H4 pending since 1yr @Hyd

@Shervin, Thank you so much for guiding us.

Actually the H4 case was put under 221g for a name correction in the passport. Later we got an email from teh consulate to submit the passport(s) along with the copy I797 and 221(g) letter once the new passport is ready. And we did the same and since then we are waiting with AP.

We got the new passport in TATKAL scheme, where post- police verification will be done. I doubt this may be causing the delay. No police came home for verification, we dont know whether the verification process is complete or not. It would have been great if we could get on what exact reason the AP is going. But we cannot unfortunately!!

How can we know whether teh consulate is really working on our case or not? I have already contacted the senator and they made an enquiry, but received the same response that the case is undergoing AP.

I am in confusion what have to be done next. I cannot say we dont have time. But, I am staying alone her in US, leaving my kid in India. Its horrible for me to stay away from the family for a such a long time. Even if my kid gets the VISA now, my husband has to bring her here. I cannot get vacation in my project, which I ahve already tried and failed.

also, could you please elaborate on visa interview waiver or please send me the link?

Thank you very much for the help,
Sri

[shervin143]

Unfortunetely the whole admin process is a grey area and no one know what exactly they are checking and why some people have to wait really longer. Checking with VFS will not help. Writing directly to the consulate is the only option top get any response. Google for Visa interview waiver or go to the VFS website and look there. There is a link provided about the WIV program. If you can wait, wait for some more time to find out of there are any progress. Write a letter to teh consulate to enquire about your case. If you don't get a response, then consider withdrawing and applying again.

@Shervin, Thank you so much for guiding us.

Actually the H4 case was put under 221g for a name correction in the passport. Later we got an email from teh consulate to submit the passport(s) along with the copy I797 and 221(g) letter once the new passport is ready. And we did the same and since then we are waiting with AP.

We got the new passport in TATKAL scheme, where post- police verification will be done. I doubt this may be causing the delay. No police came home for verification, we dont know whether the verification process is complete or not. It would have been great if we could get on what exact reason the AP is going. But we cannot unfortunately!!

How can we know whether teh consulate is really working on our case or not? I have already contacted the senator and they made an enquiry, but received the same response that the case is undergoing AP.

I am in confusion what have to be done next. I cannot say we dont have time. But, I am staying alone her in US, leaving my kid in India. Its horrible for me to stay away from the family for a such a long time. Even if my kid gets the VISA now, my husband has to bring her here. I cannot get vacation in my project, which I ahve already tried and failed.

also, could you please elaborate on visa interview waiver or please send me the link?

Thank you very much for the help,
Sri

[svch]

Pricicipal applicant's name on h4's passport

Thanks Shervin.
I have one more question - I have my maiden name on my passport, edu certificates as well as on the Visa. But, my kid's birth certificate shows my lastname as 'After marriage' name. So, my lastname on her passport will be - 'After marriage' name.

Will this be an issue when we apply for H4 for my kid ?
(Again my marriage certificate is with my maiden name and my husband's passport is endorsed with spouse name having my maiden name only)
Also, I am not going to change my last name, I'll keep my maiden name only. So, will this discrepency cause an issue for my kid in future - GC process or some other?

Suggestiones are most welcome.
Thanks a lot.
Sri

[happybuddha]

Thanks Shervin. Goodluck Sri.

[shervin143]

Does the name in her birth certificate matches the name in your passport? If yes, then you are good.

Thanks Shervin.
I have one more question - I have my maiden name on my passport, edu certificates as well as on the Visa. But, my kid's birth certificate shows my lastname as 'After marriage' name. So, my lastname on her passport will be - 'After marriage' name.

Will this be an issue when we apply for H4 for my kid ?
(Again my marriage certificate is with my maiden name and my husband's passport is endorsed with spouse name having my maiden name only)
Also, I am not going to change my last name, I'll keep my maiden name only. So, will this discrepency cause an issue for my kid in future - GC process or some other?

Suggestiones are most welcome.
Thanks a lot.
Sri

[svch]

Principal applicant's name on H4 passport

No, both names are not the same. (LastName differs).

Thanks Shervin, we will try to get my name changed on her Birth Certificate.

[kaluram]

H4 visa, next steps?

Hi @shervin143, I was debating as to what are the next steps I should take given the stalemate situation for a year now. No updates on my spouse's H4, just more waiting. I'm thinking of withdrawing both the H4 visa petitions (see original 1st post for details) and then get an extension on my current H1B and then reapply for the H1B/H4 visa together when the H1B extension is approved. Thoughts? Looks like my company's attorney also is at a loss at the next steps, but I feel that waiting any longer is certainly not the right answer!

Do you know of any competent firm that has a lot of experience handling cases successfully with long waiting admin processing period. This one is odd since it's for my spouse, which is usually the easiest visa to get.

What are some other alternatives including getting my spouse a F-1 at a fairly decent college that has a late or rolling admission process in North CA? Thanks once again for your advice in advance.

[kaluram]

Bump, need future direction!

Just trying to bump this up so that a senior forum member (shervin or otherwise) can help me with an answer. Many thanks for the help in advance.

[shervin143]

I'm thinking of withdrawing both the H4 visa petitions (see original 1st post for details) and then get an extension on my current H1B and then reapply for the H1B/H4 visa together when the H1B extension is approved. Thoughts?
>>> You can certainly try that option. Withdrawing and applying H1B/H4 together might work.

Do you know of any competent firm that has a lot of experience handling cases successfully with long waiting admin processing period. This one is odd since it's for my spouse, which is usually the easiest visa to get.
>>> Unfortunately not even the best attorneys can help you with a case that is under admion process.

What are some other alternatives including getting my spouse a F-1 at a fairly decent college that has a late or rolling admission process in North CA? Thanks once again for your advice in advance.
>>> Few options.
1) Change the employer. Withdraw the existing H4 application and file a new one with the documents from your new employer.
2) Get your wife admission into a college and get F1. Once she is in U.S, you have the option to change her status from F1 to H4.
3) Withdraw the current H4 visa application. When you go out of U.S, apply for H1B/H4 together.