Dear Mentor:

Should my H1 husband return to India to help with my H4?

This is to inform you about the H4 visa, requesting you to help us. My question is: Is it necessary that my husband, a holder of the H1visa, to visit India for getting visa earlier or would it take the same time without his visit to India? Please give me suggestion for the right thing to do.

Trip for H4, India

Dear Trip for H4:

Before we address your inquiry, we must note that we are not immigration lawyers. The best we can offer you are our informed opinions.

First some Terminology. The H4 visa for the US is issued to the dependents of the H1 visa (temporary worker visa) holder.

We are not quite sure what your question really is. We suspect that you want to obtain an H4 visa for yourself because your husband is already in the US on an H1 visa, and you wish to know whether you can obtain the H4 more quickly if your husband visited India for this purpose.

Your husband is not required to be in India for you to obtain the H4 visa. His presence in India may expedite the process somewhat (but not necessarily) for your visa process, in that he may be able to answer the questions asked by the consulate more readily if he were in India. If such questions do emerge, you can easily communicate with him via email and get the answers quickly. In our opinion, it is not worth the trip to India for him to personally participate in the processing of your H4 visa.

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