heet_pink Posted February 16, 2014 Report Share Posted February 16, 2014 Hi, My wife is currently on H1B since Oct 2010. I came to US as her dependent on H4 visa in March 2012. I later got job and my H1B was approved in Oct 2012. So I am doing job with my current employer since almost 1 and ½ years. Now my wife is planning to resign from the job and visit India immediately. She has to get her H4 visa stamped before returning to US. My questions are, 1. Since I came as her dependent and later converted to H1B and I do not have H1B stamped yet on my passport, will she be denied H4 visa? 2. Can the VO ask her that your husband has to get H1B stamped before they approve H4 visa for her? 3. She is not planning to start doing to job again anytime soon, but she may want to work again on H1B (based on her existing H1B petition) after 6 to 12 months. What kind of questions VO can ask related to this matter? How can she ensure the VO that she is not planning to work? We are worried because of all these questions. Please help us with answers. Thanks, Hitesh Link to comment
jairichi Posted February 16, 2014 Report Share Posted February 16, 2014 Hi, My wife is currently on H1B since Oct 2010. I came to US as her dependent on H4 visa in March 2012. I later got job and my H1B was approved in Oct 2012. So I am doing job with my current employer since almost 1 and ½ years. Now my wife is planning to resign from the job and visit India immediately. She has to get her H4 visa stamped before returning to US. My questions are, 1. Since I came as her dependent and later converted to H1B and I do not have H1B stamped yet on my passport, will she be denied H4 visa? 2. Can the VO ask her that your husband has to get H1B stamped before they approve H4 visa for her? 3. She is not planning to start doing to job again anytime soon, but she may want to work again on H1B (based on her existing H1B petition) after 6 to 12 months. What kind of questions VO can ask related to this matter? How can she ensure the VO that she is not planning to work? We are worried because of all these questions. Please help us with answers. Thanks, Hitesh 1. No, she is fine. She needs a copy of your I797. 2. No. Refer 1. 3. She just have to answer the truth. Link to comment
pontevecchio Posted February 17, 2014 Report Share Posted February 17, 2014 1. NO. Not because of this. 2. No. They cannot. They are bound by Law. 3. Totally immaterial to the matter Are you working for a regular company? Link to comment
heet_pink Posted February 17, 2014 Author Report Share Posted February 17, 2014 Thank you pontevecchio. Yes, I am working for a regular company. I have seen other forum posts that mentioned VO can ask to see H1B stamp on spouse's passport and can discreetly reject H4 visa based on that grounds. That is the reason I asked question#2 above. If at all that happens to my wife than what would be my options? Thanks, Hitesh Link to comment
pontevecchio Posted February 17, 2014 Report Share Posted February 17, 2014 You only need show valid H1 status for your spouse to get a H4 visa. You do not need to have a H1 visa stamp. Link to comment
vinikrish Posted February 18, 2014 Report Share Posted February 18, 2014 Hello, Is it possible to convert H1 to H4 without going back to India? Link to comment
jairichi Posted February 18, 2014 Report Share Posted February 18, 2014 Hello, Is it possible to convert H1 to H4 without going back to India? Yes, you have to file a COS application (I539) and submit along with it supporting documents and application fee to USCIS. Link to comment
pontevecchio Posted February 18, 2014 Report Share Posted February 18, 2014 Yes. If one is not out of status one can file for a COS from H1 to H4..I-539 Link to comment
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