I have asked this question to several attorneys, and have called the visa appointment call center 3 times, without getting a consistent answer. Please help!
Hu*****and changed status from F-1 to H-1 in the US (hence has I-797, but no visa stamp). Wife was on F-1, recently filed change of status to H-4 (has I-797C, the receipt notice, but not I-797, the approval notice). Wife has to travel soon and needs to get visa in Beijing. Attorney A said it is not necessary to wait for H-4’s I-797 before traveling, but recommended to call the embassy first and ask if they would issue H-4 visa like this, or if they would request H-1 to get visa first before issuing H-4. (Said this is not backed by law, but practiced in some consulates). Attorney B said opposite: No need for H-1 visa, but have to wait till H-4 approved in the US before traveling.
The call center also gave conflicting answers: first call replied that they may or may not request H-1 to go back and get visa before H-4 can be issued; second and third call, replied that H-1 visa was unnecessary, but all H category applicants have to show their OWN I-797 at the interview. Tried to argue with them that if the H-4 had never been in the US, how could they ever have their own I-797, replied that this was what’s stated in the material from the embassy, and refused to discuss further.
Would anyone with experience getting an H-4 visa, particularly from Beijing, please comment? This is quite urgent.
Many thanks.