restamping for H1 and H4

[nilangi]

hi all
I am in US on H1 with my wife who is on H4.. I had on H1 from previous employer which was valid till this month..and now I got new H1 since I have joined new employer...few mths back.. This new H1/H4 is valid till 2010...according to I-94 which I got as new visa approval.. But since then we have not moved out to US..so no Visa stamping on Passport......

My question is....As my wife is planning to go to India ...and her passport doesn't show new approved visa..She has to go for Visa stamping..for entering in US.
If she goes to Counsulate for visa stamping in India..with new I-94 what r the chances that they will grant her new visa????? She holds H4...Do I need to go for stamping tooo??

Is the procedure is same like a new visa interview?/

Where do u think this stamping is easy....India or Canada?? (just asking.....if anyone knows)

waiting for reply

Please help if anyone know this issue..........its urgent

[txh1b]

She can attend a visa interview by herself without the H1b holder in India with her extension approval notice (I-94 has to be returned along with other white I-94 during exit from USA).

She needs to carry all related H1b documents just like a new stamping and the H1b holder need not accompany for visa stamping.

India or Canada does not make a difference as long as you have been properly maintaining H1b status, getting paid, have paid taxes etc.

[nilangi]

thanks

thanks for ur info..
But H4 visa interview require't is copy of H1 passport i.e spouses passport copy holding visa on the passport...
Is it H1 holder doesn't need to stamp his passport if he is not moving out of US and only H4 holder is moving out of US?
Is possible that eventhough H1 doesn't hold stamping on his passport only H4 holder, who is visiting India can go alone for stamping..
What r the chances that she will get visa stamped???????

[txh1b]

The H1 approval notice (I797A) is good enough for H4 visa stamping. The H1 visa on passport is not required. I could not understand the rest of your post.

[meetmeatohio]

Confusion

I think there is a confusion here.

Pardon my message if I misunderstood this but.....

You said you received new H1 from your new employer. Did you mean the new I797 aproval or the actual visa stamp on your passport?

About your wife, if she is already in US on H4 then what is the expiration date on that?

If you already have valid H1 Visa for you and H4 for her, then you don't need to go for stamping. You and her can come back on the same visa with the new approved I797.

Let me know.

[nilangi]

thanks for ur help

is it ok if H1 holder is in US..without stamping on passport,while H4 holder attend alone attend visa stamping??

Is there any chance of visa gets rejected???? i.e we r worried if my wife's visa stamping gets rejected how could she come back to US???

Is I-94 is a approved visa on paper...and stamping is just a formality....???

[nilangi]

I had visa stamped on passport from old employer...which is expiring in August 08...I have joined new employer from which I have recd I 94 and visa approval till 2010 ..My wife is in US and her H4 stamped on passport from old employer will expire in August too.
Now we both don't have new visa approval stamping on our passport..

So all this worries.......... )


Regards

I think there is a confusion here.

Pardon my message if I misunderstood this but.....

You said you received new H1 from your new employer. Did you mean the new I797 aproval or the actual visa stamp on your passport?

About your wife, if she is already in US on H4 then what is the expiration date on that?

If you already have valid H1 Visa for you and H4 for her, then you don't need to go for stamping. You and her can come back on the same visa with the new approved I797.

Let me know.

[txh1b]

You don't need stamoing if you travel before August with the old visa. Even after August, for one last time again, H4 can get the visa stamp while H1b holder is still working in US without a visa but an approved extension from USCIS with an attached I-94.

I think I have made it clear 3 times. Can't be more clear.

[nilangi]

hi

I really appreciate ur help...

Could u tell me..does visa stamping has same procedure like new visa interview??????? i.e taking an appointment like visa interview....etc.

[txh1b]

The entire process remains the same except that restamping does not need marriage photos, albums etc in general if the person resided in the US. Look at immihelp main page under H1b section for H4 documents list.

Some homework is good.

[nilangi]

hi

is there any chance that my wife's visa gets rejected, eventhough holding a copy of I-94???

[txh1b]

Visa does not get rejected for this reason that is being discussed but could get denied for many other reasons like H1b holder's low pay on tax returns, missing paystubs, bench periods etc.

You need to spend time going through some threads on the forums to get familiar with the stuff.