H4 to H1 and travel outside

[shdentist]

My wife just applied for H1 and waiting to get the approval.
Currently she is in US with me on H4 and has a approved 797 until 2009.
The question is, I am planning to go to Canada next month and get stamping on my Passport for my H1B, can she come with me and get her H4 stamping on her passport, even though her H1B application in in process ?
Again, She has valid H4 approval until 2009.

Can she travel outside US on this valid H4 and attend consulate in Canada for Visa stamping ? Our current visa stamping is expired, thats why if we go to Canada, we need to get stamping to comeback to US.

any help ? I appreciate.

thanks
HR

[Subramanya]

H1 and H4 issues

My wife just applied for H1 and waiting to get the approval.
Currently she is in US with me on H4 and has a approved 797 until 2009.
The question is, I am planning to go to Canada next month and get stamping on my Passport for my H1B, can she come with me and get her H4 stamping on her passport, even though her H1B application in in process ?
Again, She has valid H4 approval until 2009.

---- Yes, she can apply for H4 stamping alongwith your H1. However, if she has applied for H1 presumably it is with COS, if not she may have to go out of the US once again after H1 is approved and get the H1 stamp on the Passport

Can she travel outside US on this valid H4 and attend consulate in Canada for Visa stamping ? Our current visa stamping is expired, thats why if we go to Canada, we need to get stamping to comeback to US.

---- Yes, you can attend the Visa stamping at a US Consulate interview in Canada

Subramanya

[shdentist]

Thanks

Thanks for the reply Subbramanya,
So, that means we can travel outside US on her approved H4.
that means, she has to travel on H4 before this H1 is approved, or it does not matter, if H1 is approved or not ?

[Subramanya]

H4 and H1 issues

So, that means we can travel outside US on her approved H4.
that means, she has to travel on H4 before this H1 is approved, or it does not matter, if H1 is approved or not

---- You have not stated what you have done. We asked "Has you wife applied for a COS from H4 to H1". If not then when you travel out of US and return to US will only be on H4. On entering US your wife will not be able to change to H1 and the only way is to go out of the US, get the Visa stamped and only then enter US

---- It is always better not to travel on H4 when H1 appliction is pending and is in the process of approval. However by the time of travel, if H1 is approved you will have to seek an interview for H1 Visa with a US Consulate overseas, get the H1 stamp and then return to the US

Subramanya

[praveenthaman]

H4 Stamping - docs required

Dear Suba.

I am on H1b and have arrived to US on 1st week of may. My ques is how many months of pay stubs are required for H4 stamping at Delhi consulate. shall I send with 2 months or will it be wise to carry 3 months pay stubs for my wife for H4 stamping. pls suggest. bcos in my co. the pay stubs are generated for monthly basis.. Pls suggest

[Subramanya]

Paystubs

I am on H1b and have arrived to US on 1st week of may. My ques is how many months of pay stubs are required for H4 stamping at Delhi consulate. shall I send with 2 months or will it be wise to carry 3 months pay stubs for my wife for H4 stamping. pls suggest. bcos in my co. the pay stubs are generated for monthly basis.. Pls suggest

---- If you have arrived in the US in the month of May and your wife is going for the H4 Visa interview in teh month of June, thre will bbe one months pay stub and tht is all you provide to the US Consulate

---- If you want to wait for 3 months and you can afford it there is no issue. However, in general there is no rule that you should have a certain number of paystubs for H4 Visa. The only requirement is that the principal applicant should have a valid Visa and a copy of that to be shown to the US Consulate

Subramanya