Query on applying H4 visa for my kid who is 4 years old and already has a H4 stamped.

USA H1B Visa
1

Hi,

I had a query on applying H4 visa for my kid who is 4 years old and already has a H4 stamped.

Last year when my husband stamped H1, we had stamped H4 for myself and for kid.
Me and my kid have not traveled on h4 anytime and we are in INDIA now.
Husband is currently working in US.

I have approved I-797 and will be appearing for H1B Visa interview shortly.

Should I be applying h4 for my kid and take her as MY dependent because we both will be travelling together?
If yes, Can I apply for her H4 newly when she already has her h4 stamped on husbands name/organisation?

OR
Is the existing h4 visa(dependent on my husband) enough for her travel?Is it valid/fine if the primary applicant is not travelling with her ?

Note: husband is in US and only I will be travelling with her.

Please adivce.

2

Both options can work out in your case.

  1. The kid needs another H-4 visa using your petition. The kid would be eligible for interview waiver and you can carry her passport with your H-1 stamping. The only thing to watch out for is that if your H-1 stamping goes into 221g spiral, then kid’s H-4 stamping would also run into similar issues.

  2. This is fine even though the father is not entering US w/ her. You should have copy of spouse’s 797 and let PoE officer know about her H-4 visa being tied to husband and not you.

3

Thanks a lot Saurabh.
I will go with option2