Should we apply I-797A for dependent before going for H4 VISA

Hi, I recently changed from L1 B to H1 B and my wife got her VISA changed from L2 to H4. She then moved to India and we had our baby boy this month :):slight_smile:

My wife with kid is planning to return US by OCT, now I know I should apply H4 VISA for my Kid. But is it required to file and get a I-797A (or some other petition) for my Kid (I applied for my wife when she changed from L2 to H4) before scheduling for H4 interview? Can you please advise?

797A for dependents is only required when they are in US. As the kid was born outside of US, no 797A is required for the kid.

Also, as per recent consulate press release, kids are not required to appear for visa stamping in person. You can leave the kid at home, and just you or your wife can go for visa stamping on kid’s behalf.

Ah, Thanks a lot, it is real nice to know.


I believe, if the primary applicant is going for consulate interview they can make appointment for the kid and drop the required documents at the consulate itself - but no need to take the kid to the consulate.
Alternatively, if the primary applicant’s VISA is already stamped, one can drop the required documents to their nearest VFS office for kids below 7 years of age.