Legal Question in Immigration Law in Connecticut

Form our experience, she should not have a problem with this. However, we have had cases where the Consulate Officer has asked that the primary beneficiary of the H-1B be present for the interview at the same time as the derivatives. However, this has been few and far between. Your wife and child may also want to consider using "third county processing" (TCP) to get the stamp. TCP can be done in Canada or Mexico. More information about TCP is available on our website at www.visaserve.com.

Most U.S. Consulates do not require that the derivative provide proof that the principal has a valid H-1B visa so long as the principal is in valid H-1B status (e.g., valid I-94, recent paystubs, recent employment verification letter). A complete copy of the the H-1B approval package is also recommended.

The information contained herein is intended only for educational or informational purposes and is not a substitute for legal advice.

Responding to this inquiry in no way establishes an attorney client relationship; however, I look forward to exploring these issues with you further by way of telephone or in-person consultation.