karlakhy Posted October 20, 2013 Report Share Posted October 20, 2013 Hi all, I am in the process of the preparing the H1B/H4 documents.My wife is currently working in a software firm.Is it advisable to file her H4 claiming that she is not working and is a house wife? The reason for this is that she will be applying for an LOA and possibly quit her job and take a break for 6 months.Later we are planning to apply for her H1B to gain a working status in the US. Currently to get a NOC from her software firm is also a time taking process.All these reasons are making me to apply for non-working status for her?Please share your feedback and inputs about the implications of this Regards K Link to comment
jairichi Posted October 20, 2013 Report Share Posted October 20, 2013 Hi all, I am in the process of the preparing the H1B/H4 documents.My wife is currently working in a software firm.Is it advisable to file her H4 claiming that she is not working and is a house wife? The reason for this is that she will be applying for an LOA and possibly quit her job and take a break for 6 months.Later we are planning to apply for her H1B to gain a working status in the US. Currently to get a NOC from her software firm is also a time taking process.All these reasons are making me to apply for non-working status for her?Please share your feedback and inputs about the implications of this Regards K If she is working then mention that she is working. Do not lie. Why do you need a NOC? Link to comment
rahul412 Posted October 20, 2013 Report Share Posted October 20, 2013 Hi all, I am in the process of the preparing the H1B/H4 documents.My wife is currently working in a software firm.Is it advisable to file her H4 claiming that she is not working and is a house wife? The reason for this is that she will be applying for an LOA and possibly quit her job and take a break for 6 months.Later we are planning to apply for her H1B to gain a working status in the US. Currently to get a NOC from her software firm is also a time taking process.All these reasons are making me to apply for non-working status for her?Please share your feedback and inputs about the implications of this Regards K If she is currently on H1 then she is working. Once she quits the job then she will be on H4 not before quitting the job. Link to comment
pontevecchio Posted October 20, 2013 Report Share Posted October 20, 2013 All of these have nothing to do with the H4 visa. She is entitled to apply based on your valid H1 credentials. The NOC has no meaning to the consulate. Secondly why not answer questions truthfully? Link to comment
JoeF Posted October 20, 2013 Report Share Posted October 20, 2013 NEVER lie in immigration stuff. USCIS knows that she is working, anyway. They have all the status information. How can you even think about lying about this??? Link to comment
karlakhy Posted October 21, 2013 Author Report Share Posted October 21, 2013 Thanks all for your replies. She does not hold any VISA as of now.I was asking few of my friends and they said that NOC maybe required from my wife's employer for a LOA (leave of absence) in order to support the fact that she does not intend to work while she is in the US alongwith me.This adds a benefit to get my H1B VISA approved. Potraying her as a housewife will be additionally helpful as it is taken for granted that she cannot work in the US.Informing the USICS that she is working in India might raise more questions of her chance of working in the US.That is the reason as to why I wanted to fill her DS160 as a housewife.However I am equally worried in case I wanted to file a H1B for her next year, will it cause any problems? Regards K Link to comment
jairichi Posted October 21, 2013 Report Share Posted October 21, 2013 Thanks all for your replies. She does not hold any VISA as of now.I was asking few of my friends and they said that NOC maybe required from my wife's employer for a LOA (leave of absence) in order to support the fact that she does not intend to work while she is in the US alongwith me.This adds a benefit to get my H1B VISA approved. Potraying her as a housewife will be additionally helpful as it is taken for granted that she cannot work in the US.Informing the USICS that she is working in India might raise more questions of her chance of working in the US.That is the reason as to why I wanted to fill her DS160 as a housewife.However I am equally worried in case I wanted to file a H1B for her next year, will it cause any problems? Regards K As she is not planning to return to India to work it is better to quit her current job. Your H1B visa approval is not based whether your spouse is working or not. Also, you are not the only H1B visa applicant who has a spouse who is currently working in India. There are plenty of them like you. Fill her DS160 truthfully and do not lie at all. You never know when this lie would come back to bite you. Link to comment
JoeF Posted October 21, 2013 Report Share Posted October 21, 2013 So, she is not in the US and is working abroad? Please provide such information from the start. Still, she has to be truthful on the application. Link to comment
rahul412 Posted October 21, 2013 Report Share Posted October 21, 2013 This adds a benefit to get my H1B VISA approved. To get visa, you need good documentation. It doesn't depend on whether your spouse is working or not. Link to comment
karlakhy Posted October 22, 2013 Author Report Share Posted October 22, 2013 Thanks all.I will fill accordingly... @JoeF:She is working in India and intend travel to the US with me on H4 status. Link to comment
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