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umamahajan

H4 visa stamping without 797 notice approval

By umamahajan in Work Visas

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umamahajan Newbie

umamahajan   0

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Filed: Country: India
 Timeline
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I applied for change of status from F1 to H4 in October (Hubby renewed H1 visa in September: separate filing for me and him).
At that time the I 539 processing time was 2.5 months for vermont center so I booked India tickets from Jan-March for 2 months thinking I will get my 797 before going.
Now the processing time is shown to be 6 months, so if I do not get my 797 in time for me to stamp my visa in India can I still get a H4 based on his H1 and enter USA? I am traveling alone with only his approval notice with me
Anyone have any experience with this?
Thanks for your help!

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jan22 Experienced

jan22   3,043

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Filed: Timeline
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You will need to apply for an H4 visa before you can apply to enter the U.S. By leaving the U.S. before the change of status was granted, your application for the COS essentially ended, since you no longer have any status to change from. You will need proof of your husband's status, your marriage, and document the change of status application to explain your time in the U.S. after the end of your studies -- otherwise, it will appear that you were out of status.

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