H1B extension while prev stamping revoked and H4 filing

[jaiswar]

I started working in US on 9th March 2007 till 11th April 2008 through my previous employer and then shifted employer to a full time job. The new employer filed premium processing and i have been with since. Recently, i cam to know that my previous employer has revoked my visa. My H1B was valid till 30 Sep 2009, but now stands revoked. Another issue I face is that my latest i-94, (upon entry into the US on 22 Dec 2008 from India), is also dated till 30 Sep 2009. This happened because I did not show my present company petition to the immigration officer at the port of entry and thereby got status purely based on my visa expiration date. Now my visa stands revoked too and I have the following things in mind.



I have an India trip coming up in the month of June 2009 and I will be back in mid July 2009. I plan to get H4 visa for my fiancé while I am in India and she would be accompanying me on my return back to US in July09.



Given this situation that I face, what would be a better way to go about (I have 3 scenarios that I came up with and associated questions, Please recommend which one is the best to go about, given the circumstances that I face; I really appreciate your endurance here..)





Scenario 1 -



I apply for my H1B extension in Canada on March 30th (for which I already have an appointment date in Vancouver, B.C). If I get rejected, I think I will not be able to get back to US. I will have to go to India and then again apply from there, costing me money, an unplanned vacation and possibly loss of pay or probably worse. What are the chances of getting the visa from India, once I have been denied in Canada?



Scenario 2 -



I reschedule my H1B interview in Canada from March 30th to one week before my scheduled India trip in June 09. If I get the H1B visa in Canada, well- and –good. I can then go to India and apply for H4. Will there be any problem here? As I mentioned the problem in my opening paragraph about my I-94, will this have an impact in the H4 visa?



If I DO NOT get my visa in Canada, I can directly fly to India and attempt to get both H1B and H4 visa at the same time OR attempt to get H1B initially and then apply for H4. Which of these two options do you recommend? Is the former option possible? What things are required/ things to be kept in mind for applying for my H1B extension and getting H4 visa afresh at the same time?



Scenario 3 -



I cancel my H1B appointment in Vancouver, B.C altogether and go to India in June. After the ceremony, I go to the consulate and apply for H1B extension and H4 at the same time. Since, I am applying at the same time, what decides the tenure of the H4 visa? Is it just the present company petition (31st March 2011) OR is it the last action on my status, which as I mentioned is the action on my last entry to the US date (30th sept 2009)? Can I get her H4 visa till my petition date (31st March 2011)? Lastly, does going to consulate for H1B extension and fresh h4 filing make sense?

If i do get h4 visa in india till 30th sept 09, what date her i-94 will be till? Can her H4 visa be extended by a trip to the american consulate in canada?









Please let me know what would be the best approach. I can call you up if the need be tomorrow.





Thanks for your patience,