H4 renewal without H1 stamped

[gadrerakesh]

I have H1b stamped on the passport from employer A which is valid till sept 2007

My wife has H4 stamped on her passport which is valid till Sept 2007.

I changed the employer and visa transfer was done. The new petition is valid till 2009 for myself and my wife.

My questions are:

1. My wife is travelling to India. Is it necessary for her to get a new visa stamped as there is change in the employment? Will there be any issue at POA while returning back?

2. My wife is going to India and not me. If she decides to get the visa stamped, can she apply for H4 visa without me having a new visa stamped on my passport? Remember, my stamped visa is only till 2007 but the ext. petition is till 2009.

Thanks

[Subramanya]

H4 issues

I have H1b stamped on the passport from employer A which is valid till sept 2007

My wife has H4 stamped on her passport which is valid till Sept 2007.

I changed the employer and visa transfer was done. The new petition is valid till 2009 for myself and my wife.

My questions are:

1. My wife is travelling to India. Is it necessary for her to get a new visa stamped as there is change in the employment? Will there be any issue at POA while returning back?

---- Did you apply for the change in H4 while your wife is/was in US by filing I-539? This is irrespective of the validity of H4 Visa held by her

---- Even if the above part has not been completed when she visits India, she should be able to go to the US consulate and get a H4 Visa issued. At the POE there could be issues if they access your H1 (and they can). The system will show that you have transferred your H1 and it is with a different company

2. My wife is going to India and not me. If she decides to get the visa stamped, can she apply for H4 visa without me having a new visa stamped on my passport? Remember, my stamped visa is only till 2007 but the ext. petition is till 2009.

---- Yes, to this question

Subramanya

[gadrerakesh]

---- Did you apply for the change in H4 while your wife is/was in US by filing I-539? This is irrespective of the validity of H4 Visa held by her

ANS: I have given all the documents for I-539 not sure whether it is processed.. how to find that out?

After moving to a new company, this is what I have from them:

I797A for myself (h1b) valid till 2009
I-797A for my wife(H4) valid till 2009

Is that enough or I need to do anything else here !! I-539 is something new to me.. never heard of that..

-- If we decide not to get the visa stamping done, can my wife enter US with a valid H4 visa( from the old employer) and a new I-797 from new employer? Problem is that my wife is going for a very short duration and might not be able to go for the visa interview.

[Subramanya]

H1 and H4 issues

Did you apply for the change in H4 while your wife is/was in US by filing I-539? This is irrespective of the validity of H4 Visa held by her

ANS: I have given all the documents for I-539 not sure whether it is processed.. how to find that out?

After moving to a new company, this is what I have from them:

I797A for myself (h1b) valid till 2009
I-797A for my wife(H4) valid till 2009

Is that enough or I need to do anything else here !! I-539 is something new to me.. never heard of that..

---- In the above ans. you are posting that you have given all the documents for I-539. How come later you write that this is new and never heard?

---- The very fact your wife has received I-797 for her H4 is by means of applying for H4 using the form I-539 which you and your wife must have signed

---- Just to further confirm does the H4 secured by your wife have a I-94 attached to it with a valid and expiry date

-- If we decide not to get the visa stamping done, can my wife enter US with a valid H4 visa( from the old employer) and a new I-797 from new employer?

---- If your wife enters with the old H4 Visa then the I-94 will only be upto Sept 2007 only and not beyond that

---- The reason for this is if she wants a I-94 valid till Sept 2009 then she has to have a Visa affixed on her Passport by attending an interview at a US Consulate in India as she has a I-797 for H4 that is valid till Sept 2009.

---- In the event she shows the new H1 I-797 (approval notice of yours) when they access the system at the POE they will know that a I-797 for H4 has also been isseud and they would like to see that along with an accompanied Visa

Problem is that my wife is going for a very short duration and might not be able to go for the visa interview

---- Well, no excuses for not attending a Visa interview. You need a Visa to enter US right?

---- The alternative would be to come back to US with the H4 Visa already present on the Passport, get a I-94 till Sept 2007 and then think about it. If you can go to Canada/Mexico and get the H4 Visa issued till Sept 2009

---- You may want to discuss all these issues with an immigration attorney who may be able to advise you clearly and steer you in the right direction

Subramanya

[gadrerakesh]

---- Just to further confirm does the H4 secured by your wife have a I-94 attached to it with a valid and expiry date

The new Approval notice contains I-94 attached to it but there is no date on it. Same is the case for both of us(H1, H4). The I-94 number is the same as what we have got while entering the US..

[Subramanya]

H1 and H4 issues

Just to further confirm does the H4 secured by your wife have a I-94 attached to it with a valid and expiry date

The new Approval notice contains I-94 attached to it but there is no date on it. Same is the case for both of us(H1, H4). The I-94 number is the same as what we have got while entering the US

---- Normally the I-94 attached to the I-797 will have a validity period same as the approval notice both for H1 and H4. They try adn continue to use the same number so that tracking and other paper work is easy

---- Getting back to your question if your wife can travel to US on the old H4 - the answer is Yes. She should be able to continue and stay in US on the next H4 (that is already approved with a I-94) and also apply for a COS from H4 to H1 after April '07

---- If she does go out of US then she has to get the appropriate Visa to return back to US

Subramanya

[gadrerakesh]

Thanks Subramanya.

[axaa]

H4 visa based on Old company's H1 stamp

Hi,
My wife will be getting H4 in June. I have h1 stamp for compnay A and right now I am working for compnay B on H1 approval notice.

Can my wife get H4 stamp based on my approval notice from compnay B ( without me gettnig stamp for company B..as I have very tight vacation) ?

thanks