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Can an attorney help influence H4 stamping?

Oakland, CA |

I am an Indian citizen, came to the US in B1 and changed my status from B1 to F1. I did my Bachelors and Masters degree in F1 status. After graduation, I got a job and changed it to H1B. Been working in H1B for past 2 years. Did not go for H1B stamping yet.
I am getting married next year in 2015. My fiance works for Microsoft and is in H1B.
1 When I go to India next year, I am planning to apply for H4 after the wedding. If my visa gets rejected by the embassy officer ( because I changed my status from B1 to F1 to H1), what are my chances of getting H4 again with the help of attorney?
2 My fiance has a good job and I see no reason they should reject it but you never know. Is there a possibility that an attorney in the US can contact the US consulate in India and help me, if Im struck there?

Attorney Answers 4


If you have an issue with your H4 stamping you could hire an attorney to help, but it is very limited/slow what can be done with the consulates.

Ms. Ritter has over fifteen years of immigration experience, a former INS Officer and Santa Clara Valley AILA Board Member. The response given is for informational purposes only, general in nature, and should not be construed as legal advice on the topic, nor does it establish an attorney client relationships. You are encouraged to seek a qualified attorney for a complete review of the issue.

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No really. Only genuine facts of your case; your ability to communicate and explain and proper preparation of the documentation for the consulate can do that. Only in that last prong the attorney can make a difference.

The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.

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Visas are discretionary, and so candidate's candidacy before the CO is given considerable importance, especially when the candidate belongs to a country where they see significant number of visa fraud cases. Having said that I see you are concerned about the change of status from B-1 to F-1. Accordingly you may want to discuss your concern with an attorney in private.

This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.

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1 lawyer agrees


An immigration attorney can only "influence" your application by presenting the facts or following procedure in a way that USCIS or the consulates appreciate (and making sure your application is complete the first time around). That may move things along by ensuring that you have correctly applied. Your matter is pretty complicated procedurally, and you may wish to have retained an immigration attorney that works with India regularly before you go.

Best of luck!

This is not legal advice and is only general information. I am not your attorney. No attorney-client relationship is formed by this communication.

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