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pyaradeshbasiharu
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Posted on 09-02-09 3:58
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Quick Question,
One of my friend's H1b is approved with COS starting in Oct 1,2009..He is planning to bring his wife in H4 visa ..My friend has not done H1b visa stamping as of yet. He has sent I797,LCA,His offer letter ,Employment Verfication Letter,paystubs,Copies of Passport(F1-Stamped) to his wife..Can she get H4 visa even though his husband's passport is not Stamped with h1b visa..I am looking for PPL who have successfuly brought their spouse on H4 visa without primary applicant's H1b stamped passport...
I have gone through different Forums ,blogs etc but the Answer is somewhat confilcting ...
Is there any sajhabasi who has successfully done it or knows the case that has been successfuly donee..
appreciated
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New Baneshwor
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Posted on 09-02-09 11:54
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Absolutely yes. she can apply for visa any time she wish.
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neerman
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Posted on 09-03-09 1:07
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Yeah...If he is in valid H1B....she will surely get H4 visa..
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pyaradeshbasiharu
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Posted on 09-03-09 1:26
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He is still in OPT and will have COS(F1OPT-H1B) from oct1,2009..His wife is planning to apply for Visa in Second week of Sept,2009..I know that a Primary applicant can apply 90 days prior to his employment for H1b visa ..But can she apply on second week of sept as primary applicant's H1 hasn't still kicked off...I am looking for such case and anybody has done t..Done lots of research on this, but didn't get a definitive answer..so i was curious if any sajhabasi has done it before..
Appreciated for the answers guys
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techGuy
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Posted on 09-03-09 1:38
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I'm not sure, IMO the primary applicant's status has to be in h1. Just a guess, otherwise even if she applies for visa what will be the start date in her passport, she cant be in h4 from the second week of september, since ur frined is not on h1 tilll oct 1st. I could be wrong though. You can ask your friends spouse to call US embassy at nepal and inqure more. Good luck!!
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pyaradeshbasiharu
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Posted on 09-03-09 3:42
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He talked to his Lawyer and he said that she can apply though she can't come Before Oct 1..I talked to my lawyer and he said can't apply Before Oct 1..Two lawyers two conflicting views..
"otherwise even if she applies for visa what will be the start date in her passport, she cant be in h4 from the second week of september"
Here is my interepretation..Primary applicant can apply 90 days prior to the start date..Question What will be the status in his Passport? I presume H1b..Even though he can only land in US 10 days Prior to his start date.But .Here is the catch..the passport will have "Annotation" mentioning that his H1b will kick off on a particular start date..Since h4 is a derivative of H1b , she will surely have annotation on her passport..
ya he told her to ask the US embassy..I don't know whether they will respond or not as they don't feel obliged to give info for citizens of 3rd world country..
Long story short..I was just looking for these kind of Particular cases from Sajhabasi..
Appreciated guys.
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dandakosathi
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Posted on 09-03-09 5:10
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Mr. pyaradeshbashiharu, my H1-B also starts from Oct 1. My wife had tried H4 in May 3rd week. But she was told that H4 could not be issued till after Oct 1. So she is applying on ist week of Oct. But I am confused, if she needs all originals or photocopies are fine. Last time she had copies only but they did not say anything about those documents. Sending originals via mail is not always relaible.
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pyaradeshbasiharu
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Posted on 09-03-09 5:19
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Thanks man..u r the Missing Link that i was looking for..
Dandakosathi,
Here is as far as i know..When ur wife is booking Visa date for H4 , didn't she showed the original Approval Letter..I am mighty sure that the PPL at Nabil bank will ask for it? Long story short..I will ask my fren about all the details and will send u an email in Sajha inbox..
Appreciated
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dandakosathi
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Posted on 09-03-09 5:42
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No they did not ask for original in Nabil bank and consular also did not mention. So I was thinking to apply again with copies.
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pyaradeshbasiharu
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Posted on 09-03-09 5:44
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I have sent u his contact info in ur Sajha email...
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dandakosathi
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Posted on 09-03-09 6:28
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Thank you . I appreciate it.
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pyaradeshbasiharu
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Posted on 09-04-09 2:48
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Just to Substantiate dandakosathi's Claim..and hope it helps for PPL looking for answers..
Dear Mr.***, Thank you for your inquiry. Your family cannot apply for H4 visa
yet; they have to wait until your H1 status becomes current, which is in
October. Best regards, Consular Section U.S. Embassy Kathmandu, Nepal Phone: 977-1-400-7200 Fax: 977-1-400-7281 <<http://nepal.usembassy.gov>> <<http://kathmandu.usembassy.gov>>
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New Baneshwor
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Posted on 09-04-09 7:32
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Yes, H4 cannot apply before the H1 becomes valid ie. Oct. 1st. The effective date was not mentioned in the original post so I thought it was already effective. I had submitted photo copy of I797 and I was asked by consuler where about the original one. I replied that H1 needs the original one for their purpose and it is not worth risktaking by sending the original I797 by mail and they were convienced. Obviously it is not worth risk taking by sending the original I797 by courier no matter how reliable they are, when the H1 needs the same document to get his/her visa stamped. So my suggestion is dont hurry, wait till october 1st and apply for visa. Nabil does not asks for Original I797. cheers
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pyaradeshbasiharu
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Posted on 09-04-09 7:48
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Thanks newbaneshowr,
The dickhds at nabil asked for orginal so he sent his wife the orignial and received safely though..yeah PPL at nabil think they know everything ..He has to wait till oct 1st...
Appreciated the responses though
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tic_tac_toe
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Posted on 06-26-13 5:13
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Is this still valid? Does anybody know some one who has H4 stamped before October 1 when spouse's H1b is approved but has not started and is still on OPT?
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