maxarpit Posted July 19, 2013 Report Share Posted July 19, 2013 Hi, I am in US with H1B. I want my wife to join me here this year end for a 3 months vacation without quitting her job back in India. She would return after these 3 months and rejoin her work in India. My questions are: 1) Can I apply for a H4 visa for her? If yes, what are the action items for me and her? If she cannot apply for H4, what alternate options I have to bring her here for these 3 months? 2) How much finance (USD equivalent) do I need to show as a convincing amount for sponsoring her trip and 3 months stay? Any pointers to my above mentioned problems will be very helpful. She doesnt want to quit her job now and just wants to visit for a vacation. Link to comment
pontevecchio Posted July 19, 2013 Report Share Posted July 19, 2013 She can apply for the H4 visa. She needs proof of your valid H1 status. The fact that she is working in not relevant. Link to comment
rahul412 Posted July 19, 2013 Report Share Posted July 19, 2013 Any pointers to my above mentioned problems will be very helpful. She doesnt want to quit her job now and just wants to visit for a vacation. Dude, their is no need of sponsoring your wife. She is dependent on you , so just apply H4 and that's it. She can leave US after 3 months of stay and can enter again at any time till her H4 VISA is valid. Link to comment
ge145 Posted July 19, 2013 Report Share Posted July 19, 2013 just file for her H4 visa. Your job related paperwork is good enuf Link to comment
omshiv Posted July 20, 2013 Report Share Posted July 20, 2013 H4 is pretty simple. You just have to send your H1 docs. Don't show anything like sponsorship for 3 month vacation or anything like that. Your wife is entitled for H4. Link to comment
t75 Posted July 20, 2013 Report Share Posted July 20, 2013 She can apply for H4, and if your situation is legitimate, it should be granted. There is nothing in the rules for H1B that require an H4 holder to reside in the US. The only issue is when the H1B leaves for an extended period and the H4 wants to remain in the US. Link to comment
KumarC Posted July 26, 2013 Report Share Posted July 26, 2013 Guys, i have a case where my wife is on H1 and we need to convert to H4. She was on maternity break from Jan to july. Employer is ok taking her back but she is think to quit the job now. Will it be a problem if we apply for H4 now? We dont have recent pay stubs. Thanks. Link to comment
omshiv Posted July 26, 2013 Report Share Posted July 26, 2013 No issues in doing COS to H4..you dont need paystubs. Link to comment
ge145 Posted July 26, 2013 Report Share Posted July 26, 2013 Get proof of maternity leave. Provide that while filing for COS Link to comment
KumarC Posted July 30, 2013 Report Share Posted July 30, 2013 Thanks Omshiv and ge145. If we need to convert back to H1 from H4 after some time, do we need to apply for fresh H1? She has 3 years left from current her H1. Thanks. Link to comment
ge145 Posted July 30, 2013 Report Share Posted July 30, 2013 if she still has time left on H1, she is cap exempt then Link to comment
pontevecchio Posted July 31, 2013 Report Share Posted July 31, 2013 @admin, Reply #8?. A person in H1 status changing status to H4 needs proof of being in valid H1 status before the move? I can move on if that is necessary. Link to comment
GNH Posted August 2, 2013 Report Share Posted August 2, 2013 To do COS, you need latest paystubs. Post 8 is wrong. Link to comment
ge145 Posted August 2, 2013 Report Share Posted August 2, 2013 To do COS, you need latest paystubs. Post 8 is wrong. If you are on valid leave, you need to prove that. Not everything starts and ends with paystubs. Link to comment
omshiv Posted August 2, 2013 Report Share Posted August 2, 2013 If you are on valid leave, you need to prove that. Not everything starts and ends with paystubs. Yah..ignore them as some people just Quote the same as seniors when seniors themselves do not know the law Link to comment
GNH Posted August 3, 2013 Report Share Posted August 3, 2013 Somehow I doubt the OP is on "Valid leave". You do need to show that you are in valid status to do a COS. I know cos I did one for my wife couple of years back from L1 to H4. Link to comment
ge145 Posted August 5, 2013 Report Share Posted August 5, 2013 Somehow I doubt the OP is on "Valid leave". You do need to show that you are in valid status to do a COS. I know cos I did one for my wife couple of years back from L1 to H4. I have filed multiple times COS too, and once without a paystub. But I had my valid reasons and cos was approved without any issue. Again, not everything starts n end with paystubs Link to comment
rahul412 Posted August 6, 2013 Report Share Posted August 6, 2013 I have filed multiple times COS too, and once without a paystub. But I had my valid reasons and cos was approved without any issue. Again, not everything starts n end with paystubs For COS to dependent status, you need to show proof that you are maintaining legal status and in case if you are working pay stub is one of the documents. But in your case you have a valid/genuine reason for not submitting paystubs, if not people would start shouting that COS was approved by ERROR. Link to comment
KumarC Posted August 16, 2013 Report Share Posted August 16, 2013 Thanks guys. My wife is on H1 and she is on maternity break. She is on leave from Jan tillldate. She have decided not to go back to work and be a full time mom. We are planning for a India trip this november and planning to get H4 stamped. Will be it a problem when she goes fro H4 stamping? Is there any document that we need to carry to prove that she is on matenity break? Link to comment
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