having approved H1..want to go on H4

[harry675]

My h1 got stamped. My wife has approved h1, But not stamped. but now she want to go on H4. I am still in India.. is this OK if she went for h4 now??

Some question that VO can ask...what shud she answer for them.

1) if VO asked that why u did not come with ur husband? .. if she say that she was overloaded with work... then shud she need to carry any proof..
2) why u want to go on h1 insted of h4..if she say that she do not want to work, want to take break, enjoy for some time.. is this correct?

all suggestions are most welcome....thanks in advance

[mickey_mouse]

My h1 got stamped. My wife has approved h1, But not stamped. but now she want to go on H4. I am still in India.. is this OK if she went for h4 now??

Some question that VO can ask...what shud she answer for them.

1) if VO asked that why u did not come with ur husband? .. if she say that she was overloaded with work... then shud she need to carry any proof..
2) why u want to go on h1 insted of h4..if she say that she do not want to work, want to take break, enjoy for some time.. is this correct?

all suggestions are most welcome....thanks in advance

The problem is that consular offices work on the ASSUMPTION that you're guilty until proven innocent.

In your wife's case - there is the presumption that your wife might accompany you on H4, and still work (which is illegal) while waiting for her H1 to be stamped.

I don't see it working - but you could give it a shot, and tell the rest of us how it went.

And how about telling the truth instead of role-playing and trying to go to the interview with some crafted storyline?

[harry675]

truth is also the same: I gave interview in Nov. 2006(got 221g for name clearance )and got clearance and stamped in May 15. But now really she do not want to work for some time.

[naaani]

hi harry i had some quaries

as u said u got h1b visa stamped but u still in india and did not go to usa right ..............and ur wife is applying for h4 visa right

mine is also same boat i to got new h1b visa stamped fot the first time and did not entered USA till now & i am planning to go next month .....but i had some problem weather to take my wife with me or not ( or should i go first to USA and send her payslips of 2-3 months of mine ) bcoz my doubt is if i take h4 appointment now i mean this month end will VO asks about payslips?

please give some information if i dont have payslips with me as i did not go to usa anytime
but i want to take my wife with me i am so confused please help me wat will be the situation any one help me who come accrosed like this sitution and got h4 visa succesfually to their spouse ...............

[mickey_mouse]

truth is also the same: I gave interview in Nov. 2006(got 221g for name clearance )and got clearance and stamped in May 15. But now really she do not want to work for some time.

Well, as said, give it a shot. But it does look confusing - it does to me, and it will look even more confusing to the consular office.

Put yourself on his/her shoes - an indian citizen, with a valid, approved H1B petition, comes and says "hey, you know what? I just want to go on H4, take some time, enjoy the view. You might see me again in one year for my H1B".

The least the consular officer is going to ask "so, if the employer that sponsored you for the H1B doesn't need you for one year . . . is he going to need you next year?"

Sounds like someone is doing something fishy - either the employer, which is gouging visas, or the future employee, who thinks the H1B is a "permit to work whenever I feel like" - which is not.

I don't see this working.

Mr. S might have additional feedback for you

[harry675]

naaani - ur case is very simple. u can send ur wife for h4 stamping.. 99.9% they woun't ask for salery slips.. this is done by my 2-3 friends... even wife was having h1- his husband went for h4 after her h1 stamping. But make sure that ur stamping should be with in 1-2 months..

But my case is some what different. my wife has approved h1 but want to go on h4. (basically I do not want to put her in h1 AAP or any other problem. Ever her h1 petition will be valid for 6 years even if she stamped h4 -- this I confirmed from attorney also). My consultant is saying that will be no problem for h4.. she can go ahead.

[harry675]

1) if VO asked that why u did not come with ur husband? .. if she say that she was overloaded with work... then shud she need to carry any proof..


can she say that

" employer do have currently requirement related to my skill"

or she need to try H1 -- no another option

[harry675]

having approved H1..want to go on H4 -- subramanya ur help required

Subramanya --- can you express your view??????

[experienced]

Confusing.....??

As Mickey mouse is writting this is confusing though you can try and if lucky will go through...
1./ IF you can show marriage after your stamping then this is through..
2./ If not then your US pay slips will help all the way...
Consular peoples suspects everybody as people make **** certificates ( project details, experience and ties)...so be careful...

[harry675]

thanks experienced..

Both the cases told by you are not true.. we got married before stamping.. still I am in India.. But want to persue it earlier due to the reason

1) My wife is pragnent
2) it is jut 1 month... but if she went latter then they will not allow her...

this was the reason she do not want to work and want to go for stamping before my US travel..

[experienced]

Risk free...

Both the cases told by you are not true.. we got married before stamping.. still I am in India.. But want to persue it earlier due to the reason

1) My wife is pragnent
2) it is jut 1 month... but if she went latter then they will not allow her...

this was the reason she do not want to work and want to go for stamping before my US travel..

----OK, so you guys are planning to travel and have delivery there...good luck..carry all docs and be truthful to consulate as much as possible....

[ersreelekha]

Hi Frnds,

I too have some queries, some what related to this thread.

My H1B is stamped and I got married recently after the stamping. My husband is holding a valid H1B.
Since, I didn’t find any good opportunity in the near future from my company, I’m planning to take up a vacation for 2-3 months and move on in H4.

My query is if I apply for H4 now, will my H1B get canceled?
Can I use the same H1B after 2-3 months?
How can we confirm this? Any contact numbers?

Please help......

Waiting for your responses………………

Thanks and Regards,
Sreelekha

[harry675]

hi Sreelekha,

if u stamp ur h4, then ur h1 will be voided. if u again want to convert h4->h1, u need to file new petition. Doubtless above petition will be counted out of cap

[experienced]

ur response?

Hey harry675,
You wrote in same thread:
--- Ever her h1 petition will be valid for 6 years even if she stamped h4 -- this I confirmed from attorney also)--------

Are these two conflict or you want to put something else...

As per understanding h1 will be valid for her??

[harry675]

Hey harry675,
You wrote in same thread:
--- Ever her h1 petition will be valid for 6 years even if she stamped h4 -- this I confirmed from attorney also)--------

Are these two conflict or you want to put something else...

As per understanding h1 will be valid for her??

same petition will be revived after filing h4->h1.. this is like a filing a petition(like new petition) to revive the old petition which got voided due h1->h4 conversion