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Out of status, employment gap and status revalidation Gap in employment(paystubs) and the resulting problems during status transfer and green card filing.

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  #1 (permalink)  
Old 09-26-2007, 11:14 AM
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kpatel_29 is on a distinguished road
Default H4 Visa Out of status for 2 months..

Let me tell you my situation first. I finished my MS in dec'04. I was looking for a job and H1 cap issue happened. To stay in to H1-B cap, I applied as a stock broker with company A. I got my petition approved for company A. I filed my H1-B in oct'05. This company made a mistake and they didn't apply H4 my wife. (My OPT expired in Jan'06)

As I was talking to them to apply for my wife, I got another job offer in a software company in Dec'05 . Immediately I took the offer and this company B filed for my H1-B transfer and H4 for my wife. Both petition got approved on 9th Jan'06.

So basically she was out of status between Oct'05 to Dec'05.. about 2 & 1/2 months..

Now my wife is planning to visit India and she needs to get her passport stamped with H4. Is there going to be a problem caz she doesn't have any 797A for my company A.?? Although she got valid 797 for company B from Jan'06 to Jan'09.

Please help me out..

Thanks in advance..
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  #2 (permalink)  
Old 09-27-2007, 01:59 AM
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omnivore is on a distinguished road
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no problem she will get it n they don`t file for h4, all she has to do is take a copy of yr document n proof dat she is married to u.
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  #3 (permalink)  
Old 09-27-2007, 01:57 PM
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kpatel_29 is on a distinguished road
Default One more question..

Thanks for the reply..

My wife was here with me at that time when I changed my status from F1 to H1 with company A. Now when I transfered my H1-B from Company A to Company B at that time Company B applied for her H4..

Now what should she says to US cosulate if they ask her a question that did your husband change any jobs or not..??

If she says yes, then she doesn't have 797 for company A...

Now what can happens if she doesn't have 797 for company A but currently she's holding 797 from Company B..
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  #4 (permalink)  
Old 06-09-2008, 04:12 PM
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senkumar is on a distinguished road
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Patel -

Has your wifes visa been approved ?

I am on H1 and my wife is on H4 visa. I had forgotten to file for my wife's H4 visa extension when i applied for my H1 extension.My extension is approved now. But my wife's I94 expired 3 weeks back.

1) Is the best solution for her is to go back to Canada / India and get stamped ?

2) In case stamping is required from Out of country - DS 156 form there is a question :
Have you ever violated the terms of a U.S. visa, or been unlawfully present in, or deported from, the United States? Yes / No.

If i say Yes - will the chances of her getting visa be reduced ?
Can i say No - since she has over stayed only for 3 weeks ?

Whatever information you can share will be of great help to me.

reg
Senthil
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  #5 (permalink)  
Old 06-09-2008, 04:19 PM
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surabhi is a splendid one to behold surabhi is a splendid one to behold surabhi is a splendid one to behold surabhi is a splendid one to behold surabhi is a splendid one to behold surabhi is a splendid one to behold surabhi is a splendid one to behold
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Quote:
Originally Posted by senkumar View Post
Patel -

Has your wifes visa been approved ?

I am on H1 and my wife is on H4 visa. I had forgotten to file for my wife's H4 visa extension when i applied for my H1 extension.My extension is approved now. But my wife's I94 expired 3 weeks back.

1) Is the best solution for her is to go back to Canada / India and get stamped ?

2) In case stamping is required from Out of country - DS 156 form there is a question :
Have you ever violated the terms of a U.S. visa, or been unlawfully present in, or deported from, the United States? Yes / No.

If i say Yes - will the chances of her getting visa be reduced ?
Can i say No - since she has over stayed only for 3 weeks ?

Whatever information you can share will be of great help to me.

reg
Senthil
Answer truthfully and do not misrepresent. It is easy to explain. upto 180 days of out of status does not triggrer any bar for entry and as such should not cause issues for stamping.

Lying / misrepresnting is a bad idea and can certainly backfire.
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