H4B in USCIS and US Consular

[blumhen]

What is the name of your state?NY
I wonder if I applied for H4B visa in the USCIS and my status approved, later I will decide to visit my family in my home country, need I again apply for the H4B visa in US Consular in my home country? If so, than what the difference between applying from your home country? Please respond as soon as you can
thank you in advance

 

[ImmigAttyLana]

I am not sure I understand your question, but I will try to answer what I think you are asking. The difference is that if you are abroad, and you are married to a H-1B holder, you do not need to have the USCIS approve the H-4 petition before you go to the US Consulate and apply for the H-4. All you would need in that case is the spouse's H-1B approval and copy of approved petition, your proof of marriage and supporting documentation and you should be issued the H-4 visa.

If you are in the US in a different nonimmigrant status and you get married to a H-1B holder, you DO need to do a change of status to H-4 with the USCIS. If this change of status is approved, you are AUTOMATICALLY in that status and there is no need to get a visa stamp in your passport UNLESS AND UNTIL your first trip abroad. Since you would need the H-4 visa to reenter the US, this is why you would in that case have to go to the US Consulate abroad to apply for the H-4 visa on the basis, this time, of the change of status approved by USCIS.

Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.

 

[blumhen]

Does it mean, if USCIS APPROVED H-4B and when I leave the USA and later apply to US Consular abroad it will be easier to get H-4B visa in passport than if I leave by F-1 visa and then apply to change that visa to H-4B in Consular?I am just want to be sure that I will get that visa. I do not want to leave my husband for so long. But ,anyway, I have to go to my country to visit my parents. And,as I know, it takes really long time to change f-1 visa to H-4B visa with USCIS.Any advice, please.

 

[blumhen]

Lana, please, need advice

 

[ImmigAttyLana]

No, the chances of being granted the H-4 are the same regardless of whether the USCIS has already approved the change of status or whether you make the initial application at the Consulate.

Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.