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Retrogression, priority dates and Visa bulletins Issues surrounding the retrogression of the priority dates for the various employment based categories

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Old 02-08-2008, 08:17 PM
Junior Member
Priority Date
:
May-04
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I-140
I485 Mailed Date
:
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Join Date: Feb 2008
Posts: 1
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Default Question regarding H4 to H1 visa conversion

Hi,
My wife is going to apply for both H4 and H1 visa. Since marriage is in March end, she will come to US on H4 visa. Her H1 visa will be applied as if she were in India. Now her I94 will say H4. Once she gets her H1B, she will have to go out of country to get new I94.
We can go to Mexico to get it stamped and hence get new I94. If for some reason, H1B is rejected, can she still enter the US on H4 visa?

Thanx,
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  #2 (permalink)  
Old 02-12-2008, 03:25 PM
Member
Priority Date
:
Oct-06
Category
:
EB2
I140 Mailed Date
:
08/15/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
08/15/2007
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Join Date: Nov 2007
Posts: 38
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Please ask your lawyer whether the H1 is being filed as " change of status" or "consular processing". If it is consular processing then she will have to go and get the stamping done. As per my knowledge if H1 is rejected she can still enter on H4 since it is still valid. I assume the H1 petition will be filed on 1st April. If she enters after that date then most probably it will have to be consular processing

However please check with your lawyer since the above is only my understanding

Good luck
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  #3 (permalink)  
Old 02-12-2008, 03:35 PM
Senior Member
Priority Date
:
May-04
Category
:
EB3
I140 Mailed Date
:
04/30/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/23/2007
Compare
Join Date: Apr 2007
Posts: 159
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Quote:
Originally Posted by sachin1234 View Post
Hi,
My wife is going to apply for both H4 and H1 visa. Since marriage is in March end, she will come to US on H4 visa. Her H1 visa will be applied as if she were in India. Now her I94 will say H4. Once she gets her H1B, she will have to go out of country to get new I94.
We can go to Mexico to get it stamped and hence get new I94. If for some reason, H1B is rejected, can she still enter the US on H4 visa?

Thanx,
My advice - Bring her in using H4 visa stamped on her passport based on your H1B. The H1, even if she gets (in the 2009 quota which needs to be applied on April 1st 2008) cannot be used before Oct 2008 as all new H1s can be used only from the month of Oct. That H1B approval will come with its I-94 attached. Once October arrives, she can start working on her H1B. She does not need to go anywhere to get it stamped.

When you go out of USA on vacation the next time, she can have her H1B visa stamped on her passport.
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