H4 Visa without H1B Stamping

[nani22b 0]

Hello,

My spouse went to India on 10/01/2018. She was in US for 2 years on F2 visa. My H1B is approved the last week. I have my I797A Notice.
1. Can my spouse go for H4 stamping without me/without H1B stamping on my passport?
2. if Yes, while scheduling visa appointment, there is an option called "Principal Applicant Visa Class". Since I don't have valid H1B visa now and I am on COS in US, what should be the option that we have to select? is it H1B or F1

Thanks in advance.

[jan22 3,056]

Are you in H1 status in the US, i.e., did your I-797 grant you a change of status to, or continuation of, H1 status?  Since you are in the US, it's your legal status that is the question (whether you currently have a valid visa for that status or not).  As a dependent seeking derivative status, her visa category depends on whatever your current legal status is.  

 

[nani22b 0]

7 minutes ago, jan22 said:

Are you in H1 status in the US, i.e., did your I-797 grant you a change of status to, or continuation of, H1 status?  Since you are in the US, it's your legal status that is the question (whether you currently have a valid visa for that status or not).  As a dependent seeking derivative status, her visa category depends on whatever your current legal status is.  

 

 

Yes my approval notice says "my petition and COS has been approved".

[jan22 3,056]

8 minutes ago, nani22b said:

 

Yes my approval notice says "my petition and COS has been approved".

Then you are H1 and she should apply for H4.

[nani22b 0]

Just now, jan22 said:

Then you are H1 and she should apply for H4.

So, I should select H1B as principal applicant visa class? (though I do not have H1B visa stamped on passport)

[nani22b 0]

3 minutes ago, jan22 said:

Then you are H1 and she should apply for H4.

One more thing, our marriage certificate says Before marriage : <firstName> <Her dad's lastName> , After marriage : <firstName> <myLastName>.

1. Is it mandatory to change her name on the passport now?  (When she went for F2 interview, she didn't face any issues)

2. While filling DS 160, does she need to add after marriage name in Other names section? 

[jan22 3,056]

3 minutes ago, nani22b said:

So, I should select H1B as principal applicant visa class? (though I do not have H1B visa stamped on passport)

Yes.  As I said, if you are in the US, it's your STATUS that determines this.  If it were determined by your visa, she wouldn't even be able to get a derivative visa until you got a new visa, which is not the case.

[kid1412 62]

42 minutes ago, nani22b said:

One more thing, our marriage certificate says Before marriage : <firstName> <Her dad's lastName> , After marriage : <firstName> <myLastName>.

1. Is it mandatory to change her name on the passport now?  (When she went for F2 interview, she didn't face any issues)

No, don’t change the passport. It’s fine. Anyone asks, just said I got married and here’s the marriage certificate.

42 minutes ago, nani22b said:

2. While filling DS 160, does she need to add after marriage name in Other names section? 

She can. 

 

And I second about the status thing. Visa is a TRAVEL document. It allows you to board the plane bound for the US and go to the POE. Then its job is done. It is the CBP officer that determines what status you’re in by stamping on your passport “Admitted as whatever status until whatever date” and give you the I-94 or whatever the procedure nowadays. I have no idea, haven’t been admitted as a non-immigrant for many years. 

[VisaSpouse 0]

Hi nani22b

 

did your wife get the visa without you getting h-1b stamp first ?

[nani22b 0]

9 hours ago, VisaSpouse said:

Hi nani22b

 

did your wife get the visa without you getting h-1b stamp first ?

Yes, She got her h4 stamped last year... Mine is still not done yet :)