H4 stamping alone when spouse H1 expired valid I797 and H1B amendment.

USA L1, L2 Visa
1

My wife is planning to go to India for family emergency. Our H1/H4 stamping has expired in Oct 2011. She needs to get her visa stamped at mumbai consulate.

I transferred my H1B to new employer in Aug 2012. I have approved I 797 till July 2015 from my new employer. They have also filed my H1B ammendment for client change and I have acknowledgement receipt for same. I am working in EC model.

Except my expired H1 stamping, I have all other documents in order like paystubs, W2, employment letter, client letter etc.

Will my wife have any issue in obtaining the H4 stamping since my H1 has expired?

2

There shouldn’t be an issue b/c of the fact that your visa stamp has expired and you didn’t accompany her for the new stamping.

3

Thanks Saurabh for quick reply. Does it matter if my original visa stamping was for old employer, and my wife will go for fresh visa stamping with new employer’s I 797?

4

Also Saurabh, does she need approved H1 amendment? or acknowledgement receipt will work?

Appreciate your response.

5

IMO, it doesn’t matter. She should carry the latest 797 etc and it should be fine.

Like w/ any other stamping, there always a chance of running into issues. So have contingency plans in case things don’t turn out the way you planned.

6

With regard to H-1 amendment, it would be better if she carries the amended petition w/ herself as you are now working for the new client. I don’t think it will be an issue for H-4 stamping, but can’t say w/ 100% surety.

7

Sorry to butt in.But I get a strong smell of 221[g]. I recently did a similar but slightly different case. Husband had F1 visa. Came to India. Got married. Returned to US alone on valid F1. Later had proper H1 visa documents, Valid I 797.
Wife applied for H4 based on husband’s I 797 , marriage certificate etc… But was slapped with 221[g] and asked to produce many documents which normally are asked to H1 applicants . I wish I am proved wrong.
But I am just sharing my experience. In this case Husband never had H1 visa. In yr case you have 1, though it is expired.
Cases are different but partially similar. Just look at this as a precautionary intimation so that you are well prepared for Interview

8

Do you know what all documents were asked? I have all the documents required for valid H1. Client letter, 2 year paystubs, without any gaps, W2, ad tax filing papers, Bank statements, marriage certificate, wedding album even my passport is endorsed with spouse name. My wife already had H4 visa stamped once now it is expired.

9

Inform me yr e mail address.
I shall send you a scanned copy of 221G received by wife

10

Visa approved.

My wife’s visa was approved at Mumbai consulate. She carried all the documents and did not have any issue.

Thanks!

11

Congrats. Did she carry the approved H-1 amendment petition or just the receipt of it?

12

She carried the ammended petition. I got the approval documents in time.

13

Nice! Have a safe trip to US.