Passport Lost

[psunkari]

Hi Friends,

Please help me with your advise.

My wife is on H-4 visa but she had lost her Passport (& visa) in US and got it replaced at the Indian Embassy. We applied for a new I-94 with USCIS and received a new I-797b. We were planning to get her H-4 stamped in Canada but her H1-B was recently approved. Now, the question is, should we get the H-4 visa stamped or the H1-B? Please give me your input. Thank you

Pramodh

[spbpsg]

It depents on her intention. If she wants to work then she may have to go to india for 1st H1 stamp. I would say don't go to canada for any visa and continue working here on H1, whenever she goes to india then get H1/H4 visa there depending on the status then.

[psunkari]

she wants to work from October on H-1B but her new passport does not have I-94 or H-4 Visa stamping...why is it not a good idea to go to Canada for stamping? Thanks for your time.

[SDdesi]

Since you already have an H1 approval effective Oct 2008, you may want to just file a change of status with USCIS and start work in Oct. Then on your vacation to India sometime later you can go for the H1 stamp in India. This may be the safest way to make sure she doesnt get stranded in Canada/Mexico for any reason they take time to stamp her H1B.

But I am not a lawyer....please consult with immigration lawyers before you leave the country.

[spbpsg]

I agree with 'SDdesi', thats what I would have responded. H1 approval comes with I-94.

[hpandey]

A good reason for not going to Canada can be that your wife could get stuck there for passport stamping because of the PIMS delays. There were a couple of threads here on IV where people were stuck for months in Canada for stamping.

Considering that your wife had even lost her passport ( which you have to mention in the application form when applying for visa stamping I think ) there might be additional scrutiny and delay.

So if you really want to go for stamping then the best place would be to go to your home country ( India ) just in case you get stuck .

Otherwise if her H1 came with an I-94 attached to it then she can start working here from Oct and you can get it stamped whenever you visit india the next time.

[vallabhu]

I agree with 'SDdesi' Her H1 will have I94 and when she leaves the country she can submitt that I94 and get her h1 stamped and et a new I94 on re-entry.

But if her H1 does not have a I94 which is also possbile she definetly has to leave the country get stamed and come back on H1, if she gets H4 stamped her H1 will be invalidated.

[psunkari]

Thank you all for your valuable suggestions...I sure feel more confident now.

How should I apply for change of status or to get her SSN?

[nixone]

Originally Posted by psunkari

Thank you all for your valuable suggestions...I sure feel more confident now.

How should I apply for change of status or to get her SSN?

You said, her H1-B was recently approved, but you did not say if you have received the approval letter and if it came with a new I-94 with 3 year time period on it. The I-94 is very important. If you have the approval letter and the new I-94 with status H1-B on it, you do not have to apply for change of status. Your wife is on H4 until Sept 30 and H1B starting Oct 1. No need to do anything.

For SSN, contact your local Social Security office with the job offer letter and H-1B papers.