Can a Spouse Obtain an H4 Visa Without the Primary H1B Stamping?

Understanding the requirements for an H4 visa can often be confusing, especially when the primary H1B visa holder is not stamped. This article aims to clarify the process, demystifying whether a spouse can still obtain an H4 visa without the H1B stamping of the primary applicant.

Key Points to Consider

The primary applicant, the holder of the H1B visa, must have an approved H1B petition. However, this approval is not a prerequisite for the spouse to initiate the H4 visa application process. The application can be processed separately from the primary applicant's H1B stamping.

H-1B Approval

The H1B visa holder must have an approved petition, as evidenced by the Form I-797 approval notice. This document is crucial for the spouse's application for the H4 visa.

Application Process

The spouse can apply for an H4 visa at a U.S. consulate or embassy with the approved H1B petition. There is no requirement for the primary applicant to have their visa stamped before the spouse commences the H4 application process.

Documentation

The spouse must provide supporting documents, including proof of marriage, the Form I-797 approval notice, and any other required documentation specified by the U.S. consulate or embassy.

Travel Considerations

If the primary H1B holder is already in the United States, the spouse can apply for the H4 visa at a U.S. consulate abroad. Alternatively, the spouse can file for a change of status if they are already in the U.S. on another valid visa.

In summary, while the H1B petition must be approved, the stamping of the H1B visa is not a necessity before the spouse can apply for an H4 visa.

Personal Experience: My Case

In my own experience, I had my original H1B stamped. However, after my extension, I had not visited India, and thus the current H1B visa was not stamped. When my wife traveled to India, she was able to obtain her H4 visa without any issues. She was able to get her visa stamped with just my last and current approved I-797 notice, a copy of my valid U.S. visa, and other required documentation.

Further Clarification

If the spouse already has an approved H4 petition and I-797 notice, they can schedule an appointment and get their U.S. visa stamped without the primary applicant having their H1B stamped. It is essential to carry the last and current approved I-797 notices, as well as a copy of the primary applicant's valid U.S. visa, along with other necessary documentation.

If the H1B visa holder is already in the United States, the spouse can obtain the H4 visa without the need for the primary applicant to be stamped. However, if the spouse is currently outside the United States, obtaining the H4 visa first may require the primary applicant to have their H1B stamped first before the process can begin.