J1 to H4


MMAB

Recommended Posts

My wife will be completing her residency on J1 visa in June 2013. She is taking a short break after completing residency because of kids/family and current pregnancy. She has a hardship waiver approved last year. She will be going to Canada(Toronto) for visa stamping. She will be stepping out of country first time for change of status after arriving on B1/B2 in 2008. She had H4 from 2008-2010 June. J1 from July 2010 to June 2013.

There are few issues however that I need urgent help/answers please.

1) I am on H1b status(I-140 approved). I never left US after arriving on B1/B2 in 2007. Will not be accompanying my wife to canada,because of need for getting stamping.will there be a problem...please advice.

2) We got married within 30 days of her arrival on B1 visa,will that be problematic or ground for rejection.

3) I am changing job and will hopefully have new I-797 by the time of her interview. If I don't can she take my old 797 or receipt of new H1 application for her visa interview.

4) Also please advise if there is any increased risk of rejection with any particular canadian embassy especially in light of our unique case.

Thanks for your help.

Link to comment

Generally, it is permissible to come to the US in visitor status to get married (though not with the intent to stay permanently after getting married). If one wants the H-4 visa to tie into the validity of the H-1B petition approved for the principal, typically an approval notice for the H-1B status of the principal is required. Visa applications are always a risk. Each case is unique and personalized advise would be best received in an individualized legal consultation with an immigration attorney.

Link to comment

Thanks for the answer

I have heard of one case where H4 was rejected since H1b spouse only had status and no actual stamping.Will that be an issue especially since I am not getting stamping simultaneously (although I could with H1b transfer).

Is there a pattern noted with any candian consulate to reject these kind of applications.

Link to comment
  • 2 months later...
  • 4 weeks later...

Archived

This topic is now archived and is closed to further replies.