All H1 to H4/H4 to H1 posts here

[makemygc]

Originally Posted by logiclife

Also,

How come no one in your company B asked you whether you are married or not and whether or not you need H4 filed for you spouse. Same thing about company C. Either of these companies' HR or immigration lawyer should have asked you about dependents and spouse?

I dont know but even the smallest of consulting companies dont make this kind of mistake and they would remind you if you forget. My company's lawyer is quite lazy and slow but even his paralegal asked all the right questions and got all documents needed and didnt forget stuff when filing for various things.

Well that's where small consulting company comes handy. I had this experience with a big company. They never asked for my wife's I-94 till the 11th hour when I brought the fact that I'm married and my wife (no wives here ) might need some extension. Since, it was my first H1 extension after marriage, I really didn't know that company has to file for her extension as well. I thought it just happens automatically..how naive I was.

[munnu77]

logic life..wht I meant was wife's..
change tht also if u get time

[munnu77]

Originally Posted by logiclife

Also,

How come no one in your company B asked you whether you are married or not and whether or not you need H4 filed for you spouse. Same thing about company C. Either of these companies' HR or immigration lawyer should have asked you about dependents and spouse?

I dont know but even the smallest of consulting companies dont make this kind of mistake and they would remind you if you forget. My company's lawyer is quite lazy and slow but even his paralegal asked all the right questions and got all documents needed and didnt forget stuff when filing for various things.

whn i filed my transfer with company B..my wife had not come to USA and my lawyer didnt tell me tht after she comes here i shud file for her xtension also..
Whn i was transferred to Comp. C..thats whn the lawyer pointed out my wife's i 94 was expired which shud not have happened..

[maqsoodalam]

I am in the same boat. Can anyone reply to this inquiry.... please!

[maqsoodalam]

H4-B renewal end of April 2007, H1-B applied in April 2007

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Will this be a problem?
I need answers to following questions.

1) Can i apply for mY wife's H4-B renewal while her H1-B application is pending?

2) What will happen, if here H1-B is approved after H4-B renewal is applied and before her Renewal of H4-B is approved?

3) What will happen, if my wife's H1-B is approved before H4-B renewal is applied. On what status will she stay untill Oct 2007. Does she have to go back to India and come back with a visa stamp?

Appreciate a response.
Thanks.

[visves]

From what I heard when I was in a similar situation, the last approved H application would become her status. Meaning, if you apply for a H1B and a H4 later, if the H4 gets approved after her H1B, her status would automatically revert to a H4 because that was the last approved H application. If her H4 renewal is part of your H1B renewal, you could do yours as a permium processing application. That way, her H4 approval might come through well before her H1B approval.

To answer your last question, if you did not show a valid I-94 till Oct 2007 while applying for her H1B, her H1B approval would come through without a I-94 attached. If that happens, she will have to get her Visa stamped out of the country. Otherwise, she could potentially be without a valid I-94.

Originally Posted by srikondoji

Will this be a problem?
I need answers to following questions.

1) Can i apply for mY wife's H4-B renewal while her H1-B application is pending?

2) What will happen, if here H1-B is approved after H4-B renewal is applied and before her Renewal of H4-B is approved?

3) What will happen, if my wife's H1-B is approved before H4-B renewal is applied. On what status will she stay untill Oct 2007. Does she have to go back to India and come back with a visa stamp?

Any other matrix?
thanks
sri

[siddhu98]

My wife and son are going to India on vacation this summer. Their current H4 visa got expired (June 2006) on their passports. They have a valid I-797 notice expiring Oct 2007.

However, I am applying my H1B extension next month and will get 3 years extension sometime in May 2007. I want to get them visa stamp based on my new approval notice.

For dependent H4 visa stamp, do they need their own approval notice 797 or principal's approval notice be sufficient to get the stamping?

Thanks.

SK

[fide_champ]

Originally Posted by siddhu98

My wife and son are going to India on vacation this summer. Their current H4 visa got expired (June 2006) on their passports. They have a valid I-797 notice expiring Oct 2007.

However, I am applying my H1B extension next month and will get 3 years extension sometime in May 2007. I want to get them visa stamp based on my new approval notice.

For dependent H4 visa stamp, do they need their own approval notice 797 or principal's approval notice be sufficient to get the stamping?

Thanks.

SK

H4 approval notice is not valid once she is out of the country. She needs to stamp her H4 visa based on your H1 approval notice.

[srikondoji]

Thank you guys...........

[toprasad]

My wife is in India for the last year to get new H1-B (6 years completed)
She has a valid dependant visa till May 2008

Based on new rule, she applied to reclaim 3 years of H4 for H1-B.
H1-B is approved, she is going to Chennai, India for stamping.

If for some reason H1 is denied, can she come back as dependant?

[nomi]

Originally Posted by toprasad

My wife is in India for the last year to get new H1-B (6 years completed)
She has a valid dependant visa till May 2008

Based on new rule, she applied to reclaim 3 years of H4 for H1-B.
H1-B is approved, she is going to Chennai, India for stamping.

If for some reason H1 is denied, can she come back as dependant?

Yes ..she can use H4 if H1 is denied. Make sure consulate don`t cancel the H4 visa and the time of H1 B visa interview.

[toprasad]

Originally Posted by nomi

Yes ..she can use H4 if H1 is denied. Make sure consulate don`t cancel the H4 visa and the time of H1 B visa interview.

Thanks for the response.
How does one safegaurd against the consulate canceling dependant visa?

[Canadian_Dream]

Generally the trigger to cancel previous visa is if you have been approved a new visa. From my personal experience the consulate officer upon determining (after interview etc) that you qualify for H1B will cancels H4. If for some reason you do not qualify for H1B there is a good chance that they will not cancel H4. In any case she can always reapply for H4 if for some reason they cancel H4 without approving H1B which is very unlikely.
Good Luck.

Originally Posted by toprasad

Thanks for the response.
How does one safegaurd against the consulate canceling dependant visa?

[pine_lan]

h1-h4-h1

[Madhuri]

Here are my questions:
1. If some company would like to sponsor a new H1-b visa for me in the next several month, will it subject to this year's h1-b cap?

No, you are not subject to H1 cap.

2. Recently how long does it take to get an H4 application approved (my appliction is processed in Texas Center)?

No idea.

3. It is possible to file a new H1-b application before my H4 approved?

Better consult a lawyer.

Very anxious right now. Any help/information/suggestion will be highly appreciated!![/quote]