Medical Emergency - H4 stamping question

[369]

Hi,

Long time reader of the forum, first post. My mother is very ill and she is in India and I need to go to India soon. Here is the situation, My wife is on H1b and I am on H4. We have not left the country so we don't have visa stamps in our passports. We both have the I-797 approval notices. Mine was f1 to h4 after we got married.

Now can I go to Canada and get my H4 stamping done instead of India, I feel there is a better chance in Canada than India. Does my wife (principal applicant) needs to have her H1 stamped on her passport. If I need to do it in India, what documents do I need, do I have to go the consulate or I can come to USA and at the Port of entry they will stamp.

Please advise

[369]

Please can anyone answer this.

[ronhira]

sorry to hear @ u'r monther...... hope she gets well soon......

assuming u've indian passport........ u've to goto a consulate to get the stamp..... u cannot get the visa @ the port of entry.....

ottawa or montreal or qubec maybe a good place to go to get the stamp if u've time....... the principle h1 holder does not need to have a stamp in the passport before dependents could get the stamp...... but make sure u trake u'r appointment & carry all proofs of u'r marriage including marriage certificate & pictures, both i-797s i.e. u'r spouses' i797 also plus completed form, pictures, etc.....

u may also need canadian visa to enter canada.....

mine is an old case..... so gurus who recently got their visa stamped in canada could jump in with more information

good luck......

[369]

Thanks for the reply,

Where can I find list of documents to take to canada for the stamping. Also, could you point me towards the website where I can take appointment.

Correct me if I am wrong, I will need to take visitor visa for canada, then make an appointment with the US consulate in Canada and get my stamping done. Will they ask me why I am in canada for H4 stamping etc.

i am under a lot of stress, so may not be asking the right questions. Appreciate all your inputs.

[gc_on_demand]

Originally Posted by 369

Hi,

Long time reader of the forum, first post. My mother is very ill and she is in India and I need to go to India soon. Here is the situation, My wife is on H1b and I am on H4. We have not left the country so we don't have visa stamps in our passports. We both have the I-797 approval notices. Mine was f1 to h4 after we got married.

Now can I go to Canada and get my H4 stamping done instead of India, I feel there is a better chance in Canada than India. Does my wife (principal applicant) needs to have her H1 stamped on her passport. If I need to do it in India, what documents do I need, do I have to go the consulate or I can come to USA and at the Port of entry they will stamp.

Please advise

If your wife * H1b ) holder has job or project and client letter and not on bench in last sixth month and have W2s for past years then go for India that will save cost and time. You may qualify for emergency appointment in India. Appointment in india doesn't take more than 2 weeks these days.

[369]

Wife is on h1b and has everything, but we just don't want to take a chance in India. Can I get it stamped in Canada? What is the website to take appointment.

[ronhira]

this thread may help.....

http://immigrationvoice.org/forum/fo...xperience.html (Successful H1B stamping at Ottawa on Nov 2 - My Experience)

[ronhira]

another one....
http://immigrationvoice.org/forum/fo...osts-here.html (All F1 visa,OPT, F1-H1, H1-F1 visa related posts here)

[thomachan72]

compulsory things:- two photoes, DS-156, 157, HDFC reciepts, visa apoint letter
In addition you need the following:
you need proof of
marriage (certificate, photoes, inivtation card)
immigration status of primary applicant (visa, I-797, LC, I-129) all copies and not originals
proof of employment of primary (letter, salary slips, bank statements)
proof of support (a special form I forgot which one + bank statements, salary slips)
you might want to carry letter from the doctor regarding your mother's sickness (to explain why you were interviewing alone)

You dont have to go to canada because usually H4 are not troubled much anyway. Either way the risk is the same. If in India atleast you will be at home with your mother!!

Best of luck.

[DSLStart]

sorry to hear about your mother's health situation. I am just giving you advise from my heart. Given the situation, the last thing right now you should worry is the immigration crap. you don't need any visa to go back to your home country. Forget about this visa business for time being and take the first flight to see your mother. that is the most important thing in world. Your h1/h4/gc and all that you can do once again as you got your whole life for it.
Hope she recovers soon.
[
QUOTE=369;1268697]Hi,

Long time reader of the forum, first post. My mother is very ill and she is in India and I need to go to India soon. Here is the situation, My wife is on H1b and I am on H4. We have not left the country so we don't have visa stamps in our passports. We both have the I-797 approval notices. Mine was f1 to h4 after we got married.

Now can I go to Canada and get my H4 stamping done instead of India, I feel there is a better chance in Canada than India. Does my wife (principal applicant) needs to have her H1 stamped on her passport. If I need to do it in India, what documents do I need, do I have to go the consulate or I can come to USA and at the Port of entry they will stamp.

Please advise[/quote]

[369]

This is the life of an Immigrant, even if your parents are you need to worry about paperwork and documents to go and see them, because you have so much time invested.
Thanks you all for the advice. I have to think about this because my wife will be here and I want to make sure that I can come back to the USA without any problems.

I am just worried that they may ask why I being a male am on H4.

I came here on a student visa and have not gone back to India, so I don't know what they ask and need. Do they ask any questions at all at the port of entry when I come back.

Again, if I go to India and get my appointment at the US consulate will I need my wife's (primary) h1 b stamping on her passport (she does not have it). Or I can just take the I-797 and other documents and that will be fine. Please reassure me again.

[GCWORRIES]

369,

Since you changed status from F1 to H4, you cannot go to Canada for visa stamping. It is always to be done in the country of origin. A friend's wife had gone to Canada for stamping from H4 to H1, the consulate denied the petition and referred that the applicant travel to country of origin for visa stamping. She had to endure a lot of issues (since the she was stamping for H1) at Chennai and finally got the visa and returned back after nearly 3 months. Since you are getting an H4 stamped, please ensure that you carry all documents as requested in the consulate of your country of origin.

[369]

Does anyone know if it mentions in any of the US consulate in India mentioning that the primary H1b stamping is not required but just the I-797 of the primary is required for the H4 stamping. I can't find anything on the internet. anyone has any links.

[kondur_007]

Originally Posted by 369

Does anyone know if it mentions in any of the US consulate in India mentioning that the primary H1b stamping is not required but just the I-797 of the primary is required for the H4 stamping. I can't find anything on the internet. anyone has any links.

It is a fact that you do not need your spouse's H1b stamped for your H4. I have confirmed this with a lawyer and know several people who got their H4s stamped in India.

My advise to you:
1. Do not go to Canada or Mexico: as this is your first H4 stamp, you should go to India.
2. Take all the documents needed for H4 stamping AND all the supporting documents that your wife would need for her H1 (assume that she is coming with you for H1 stamping). Take everything (short of her passport and original I 797 of course!) with you.
3. Always tell the truth to the consulate and do not volunteer any information. Just answer what they ask.
4. Chances of any troubles with your H4 stamping are extremely slim.
5. Hope you mother feels better. Try to get to her ASAP, and don't worry. Everything will be just fine.

Good Luck

[369]

I am getting mixed answers, I have asked some people and they are saying that I need my wife's h1b stamped on her passport and some are saying its not required just the I-797 and all the other documents.

I am wondering since I am male and on H4 would this might be a problem with the VO.