H4 visa stamping before H1 (approved via Consulate Processing)

USA H1B
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1

hi team,

thanks for this wonderful platform.

Below is my situation for now:
I came to USA on F1 in 2018 (valid till Jul 2023), currently on STEMP OPT (valid till Feb 2023).
My H1 was approved via Consulate Processing in 2021.
I’m going to India for my marriage in May 2022. She’s got her H4 Regular appointment (coming to US for first time) on 29th May and 1st June (after marriage).
I’m Dropbox eligible and I’ve got my appointment on July 11th (trying to reschedule).
I’ll be returning to the US on June 10th (after her appointment) on F1 visa. And then go to India again in July for H1 stamping (after which I’ll take my wife along to USA, while coming back to US) .
So the question is, will my wife face any issues during her appointment, as she’ll be having my I797 approval copy but not the H1 visa copy. I’ve heard its ok, but the only concern is I’ll be in India during her appointment, and returning on F1 and not H1.

What are other possible solutions here?

Thanks.
Deep.

2

This is an interesting situation :slight_smile: I am skeptical about your wife’s H4 visa approval while your status is still showing up as F1 when the consular officer try to look you up in their system and you haven’t changed the status to H1B at the time she will go for her interview.

To be on safer side, I would suggest delaying her appointment till your H1B is stamped.

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3

thanks for answering, what if we choose to go for H4 appointment, will it get rejected or she receive 221g (white/yellow/pink slip), any idea?

4

It may get denied under 214(b) citing Failure to meet the criteria for issuance

Discuss with your employer’s immigration lawyer amd follow their advice.

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5

They will definitely issue form 221g and ask for H1B visa stamp proof.

Once you get the H1B visa stamp, then you will need to submit it and then they will stamp H4.

I strongly suggest to get H1B first as you are getting married and then immediately applying for H4. They take this situation pretty seriously.

You may want to read through this:

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