Need advice on H4 visa stamping

[Sam UKS]

Hello,
I am currently on J-1 and my H1b got approved (cap exempt) with PP. My wife is on J-2 and her I -539 is still pending, we got I-797c for my wife’s application. My H1b is going to start on July 1st. Our J1/ J2 is valid until Jan 2020, with the same employer. We have our I-140 approved on EB1A. My questions are-
1. If I start working on H1b on July 1st and my wife didn’t get her approval, will she become out of status?
2. Family is planning for India-trip in July, need to attend family ceremonies. Anyway, my wife needs to get a visa stamp for H4. If she leaves the US before her I-539 approved, does it make a problem for H4 stamping? 

3. Since this is her first H4 stamping (not an extension, previously we are on J1/J2), does it make any problem to getting a visa from the US consulate in India as our I-140 on EB1A is also approved? We didn’t file for the I-485 yet.

 

Your advice is highly appreciated.

Thanks

 

[rohit369]

1. It very unlikely that your H1 is approved and your wife's H4 is still pending. Its usually both or none. Please give it a few days, you may get the approved petition for H4 via mail. Sometimes the case status won't get updated in the status system.
2. Check on #1 first. Better get in touch with your attorney to check on the H4 case status.
3. Just carry a copy of I-140 and be ready to answer all the questions. Its likely that they may want to see your I140 (happened to me). Be honest 🙂

 

[Sam UKS]

On 6/15/2019 at 8:26 PM, rohit369 said:

1. It very unlikely that your H1 is approved and your wife's H4 is still pending. Its usually both or none. Please give it a few days, you may get the approved petition for H4 via mail. Sometimes the case status won't get updated in the status system.
2. Check on #1 first. Better get in touch with your attorney to check on the H4 case status.
3. Just carry a copy of I-140 and be ready to answer all the questions. Its likely that they may want to see your I140 (happened to me). Be honest 🙂

 

Thanks for the reply.  I think this is the trend now for COS, due to biometric requirements.  I got my I-797c approval letter and my wife got biometric appointment for her CoS.

[shekar11#]

On 6/14/2019 at 11:47 AM, Sam UKS said:

Hello,
I am currently on J-1 and my H1b got approved (cap exempt) with PP. My wife is on J-2 and her I -539 is still pending, we got I-797c for my wife’s application. My H1b is going to start on July 1st. Our J1/ J2 is valid until Jan 2020, with the same employer. We have our I-140 approved on EB1A. My questions are-
1. If I start working on H1b on July 1st and my wife didn’t get her approval, will she become out of status?
2. Family is planning for India-trip in July, need to attend family ceremonies. Anyway, my wife needs to get a visa stamp for H4. If she leaves the US before her I-539 approved, does it make a problem for H4 stamping? 

3. Since this is her first H4 stamping (not an extension, previously we are on J1/J2), does it make any problem to getting a visa from the US consulate in India as our I-140 on EB1A is also approved? We didn’t file for the I-485 yet.

 

Your advice is highly appreciated.

Thanks

 

1. No, she will not be out of status. She has a pending application with USCIS.

2. No problem.

3. No issues.