H4-H1 visa questions

[abhaysachar]

Hello learned folks!!

We are planning to file H-1 visa for my wife.
I am on H-1 and she is on H4.

1) Does one have to surrender/submit the H4 visa while applying for an H-1 visa?

2) Since my wife is in US on H4, and would apply and get H1 is US - is it ok/safe to go to Mexico/Canada to get visa stamped? (first time stamping of H-1 for her)?

3) Does the H4 status remain after you get H1 or not? What I mean is, in case the H1 visa application gets rejected, or when she goes for interview for stamping - the Visa Officer refuses the visa - Would she become 'out of status' and cannot enter US unless her visa is approved, or can she still enter US based on the H4 dependent on my H1?

Please advise.

[Subramanya]

H4-h1

We are planning to file H-1 visa for my wife.
I am on H-1 and she is on H4.

1) Does one have to surrender/submit the H4 visa while applying for an H-1 visa?

---- NO, there is no need to surrender an old visa or do any such thing when applying for a new Visa. Whom do you want to surrender the Visa to? It is stamped in the Passport and you cannot tear off that page

2) Since my wife is in US on H4, and would apply and get H1 is US - is it ok/safe to go to Mexico/Canada to get visa stamped? (first time stamping of H-1 for her)?

---- As a normal practice it is expected that you go to your home country to get the H1 visa stamped for teh first time in the home country. You can always try in Canada/Mexico. Read various posts and forums and make a decision yourself

3) Does the H4 status remain after you get H1 or not? What I mean is, in case the H1 visa application gets rejected, or when she goes for interview for stamping - the Visa Officer refuses the visa - Would she become 'out of status' and cannot enter US unless her visa is approved, or can she still enter US based on the H4 dependent on my H1?

---- Under normal circumstances, if the H1 visa stamping is refused your wife will not be able to reenter US even with a valid H4 Visa. If the visa is refused under 221g with a reason given by the VO, she will have to wait in Canada/ Mexico where she went for the visa till the issue is cleared and the US consulate informs her the same.

---- However, you can always try to reenter US by speaking to the officer at the border, but no guarantees whatsoever

Subramanya

[abhaysachar]

Need clarification

Thanks for the prompt reply, Subramanya!

I need some more clarifications

>>By the question in Point 1, I meant that - when you go to consulate for stamping of H1 - do they cancel the H4 or leave it as it is.

>>on point 3 in my last post -

In case her H1 gets rejected, and we go to India (not Mexico/Canada) for H1 stamping, still she cannot enter US on her H-4 even if that is valid? Please let me know.

Regards,
Abhay

[Subramanya]

H4 Issues

I need some more clarifications

>>By the question in Point 1, I meant that - when you go to consulate for stamping of H1 - do they cancel the H4 or leave it as it is.

---- YES, sometimes they do cancel it by stamping the words "Cancelled Without Prejudice". This does not have any bearing on issuing you the next Visa (in your case the H1 Visa)

>>on point 3 in my last post -

In case her H1 gets rejected, and we go to India (not Mexico/Canada) for H1 stamping, still she cannot enter US on her H-4 even if that is valid? Please let me know.

---- Under an ideal situation, Yes, you are right. If the H1 Visa stamping is rejected then she cannot enter US on H4 even if that is valid, since the details have already been entered into the system and the Immigration Officer at a POE can verify these details on thier computer system. This is even if they do not stamp the Passport with words "Cancelled Without Prejudice"

Subramanya