akj
1
Hi,
I am working on L-1B and company had applied H-1B for me in COS (Change of status). Both visa L-1B and H-1B has petition approved for me.
My current employmer said, you will start work on H-1B from October 1st. My wife wants to travel to India for vacation but i am not travelling.
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Can she go for H4 visa stamping without having mine H-1B visa stamping?
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Is there any risk if she goes before my H-1B Visa stamping?
please suggest.
thanks
akj
2
Please suggest. It’s important.
1- she can go for visa staming without your visa stampted.
2-Yes . A little risk exists. It is the discretion of visa officer. If she had applied for L2 it would have relatively simpler.
But with COS , depends on visa officer.
I have had both the experiences with my clients.
Some have got visa without problem. one or two got 221G
akj
4
Thanks for reply.
Yes, she had applied for L2 as well which has expired now and moved to H4 visa now as per approved petition.
But normally , is there high risk of rejection if she goes for stamping before mine stamping?
please share experience and thoughts.
thanks
Rejection is unlikely unless there is some lacuna in documentation. I think that if other things are ok , she should get visa. 33% chance of 221 G.