Jump to:

Filling DS 156

Printer-friendly version

I am trying to take an appointment for my wife to renew her H-4 visa since the dates are available right now. She came here on H4, switched in between to F-1 (change of status) but did not leave US, then got the new approval for change of status to H4 (after we filed for green card) and wants to get it stamped now. There is a bit of confusion on the DS-156 form that I have to fill out.

Qo1. Question 30. Have you ever been Issued a US Visa - Yes, but for the second part it says When - Does this have to be the date when the first H4 was stamped or the date the second change of status H4 approval notification came through. My understanding is that is the visa date when it was stamped. Can you confirm?
Ans1. The answer requires response only to the issuance of a visa – the stamp given by the US consulate. It does not refer to change of status. In your wife’s case, she came to US on H-4 visa. That is what they are asking about. The fact the she later changed to F-1 and then back to H-4 status (but no other visas were obtained) is irrelevant.

Qo2. Also in the additional visa issuances section do we need to mention the change of status to F-1/H4 information (I would presume no since these were not visa stampings but change of status). Can you confirm?
Ans2. Change of status is not a visa.

Qo3. Question 36: Has Anyone Ever Filed an Immigrant Visa Petition on Your Behalf ? Yes since my wife's name was on the I-140 as per your previous post. For the Part where it says by ‘Who’ what should she enter - Spouses Company Name or Spouses name.
Ans3. I would answer your name.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

H1B Cap exempt

I had an earlier H1B Petition in 2008 and was valid till 2011. I went to US Consulate for H1B Interview in Jan'2009. However, due to recession, my employer in US had no SAP project and hence I got 221(g). Then after I never appeared for H1B visa interview. Now, my new Indian employer has suggested to go for H1B cap exempt case in this Year 2012. Now, I have all relevant documents from my Project and Employer as well.
How much chance I have to get a H1B stamping in this Year 2012?

Please response.

Please post your question in

Please post your question in the correct category. It has no relation with Filing DC 156.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

Nonimmigrant Visas
Green Cards
Common Topics
Professions