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h136367

H1B-H4 dilemma! - Changed decisions 100 times

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Hi Friends,

I am a Sr. Consultant working in one of the Big4. I finished my Masters from US in june 2011 and by this I already had an offer from this firm. My firm applied for my H1B petition in April 2011 ( before I graduated) and got denial because they applied on my bachelor's degree and that time I have not joined the firm since I was in college. Later on, I joined the firm in August 2011 and started working on a project. My firm applied for my H1B once again in Sept 2011 under premium processing with the project details and everything and now I have my H1B approval. I have not traveled after my H1B approval,thus I do not have H1B stamp on my passport.

In March, 2011 I went to India to get married while I was in college and on F1 status. While returning from India I applied for a F-2 visa for my wife. Her F2 was denied because I was only 3 months away from graduation.We applied for her B2 ( tourist visa) because she wanted to attend my graduation ceremony and wedding reception I planned in US. We both came to US ( me on F1 and my wife on B2) in April 2011. My wife stayed with me for 6 months and went back to India in Sept 2011 ( because her B2 expired). Now, here we are.. I am on H1B visa in US without any h1b stamping and she is India on no status.

Question: - Can I send her my documents ( I-797 and supporting docs) to apply for H4 visa. I do not have H1B stamp on my passport.Will it create a problem? She took a date - 14 Feb for H4 interview and she got an email listing all documents she needs to carry. One document was ( Valid Visa copy of principal application if applying separately).After seeing this, she cancelled the appointment. Please suggest. What should I do?? I cannot go to India right now for stamping.Should we apply together, or should I go to Canada and have my H1B approval stamped on my passport.

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If I were you ... I would have asked her to travel to US on B2 Visa (I am assuming it to be a 10 year multiple entry) Once she is here she will have a new I-94.

Then apply for a COS when she is in US. If it gets approved then the scenario would be you will be on H-1B and she on H-4 both in US on alegal status with visa stampless. And whenever you have to travel out of the country just book a slot together (u H1 and she H4) and then go for stamping at any consulate.

If she dont have a 10 year multiple entry B2 visa then you should think of other options like H4, F1, B2 again or any other.

H4 can be applied even if you dont have visa stamp. It depends on your legal status in USA.

Hope this helps.

Thanks

Reddy

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She can go for H4 stamping any time with appropriate documents, it is not necessary that you have your H1 b Stamped, she will need I-797 paystubs and company related docs Not visa stamps

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Thank you Tinku777 and Chitown01 for your suggestions. You guys are doing a great work here.

My wife got only 6 months tourist visa and she cannot travel on that visa again. I will send my documents to her. Lets see what happens..

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If I were you ... I would have asked her to travel to US on B2 Visa (I am assuming it to be a 10 year multiple entry) Once she is here she will have a new I-94.

Thanks

Reddy

DO NOT make her come on b2 and then change status to h4, that would raise a red flag with immigration, B1/2 is visitor visa with non immigration intent, and if she applies for COS her in usa to H4 that will cause range of issues for her during future stamping and GC....

It is completely ok for her to go for H4 stamping without your h1 being stamped.

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true, dnt think about visitor visa once you are holding a valid H1 and legally married to her, definately try for H4 and she will get it easily as it is only a dependent visa, I got it for my wife while I do not have a stamped H1 visa.

agreed with chitown01 opinion, visitor visa may cause a red flag on future visa or immigration process.

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