H1B to H4 change of status - H4 Visa stamping

[send2anil]

I am a H1B holder, my wife H4 visa got stampped on May, 2006. My wife came to US and we applied for H1B on 2007 and she got H1B on Feb 2007.

Now we applied for a change of status from H1B to H4. But we had to leave to India soon because of emergency, before getting approval notice for change of status.

I need to take a Visa appointment for H1B and I want to H4 visa appointment for my wife.

My Question is: what do I have to fill in the following for Wife's H4

An Indian citizen resident in the US? Yes

At which post would you like to be interviewed?* Chennai

Select Language for Interview:* English

Purpose of Travel:* Spouse/Child of person working in the USA

Select Visa Class:* H4 (Spouse / Child of H1 visa holder)

Are you applying for the same class of visa which is currently valid or has expired within the past 12 months?* ?????

I am choosing "Yes" for the above question for my H1B visa, but do I have to choose for my wife's H4 visa.

Please help me & wife answering the question.

[sk4ih]

If your H1/H4 visa expired more than 1 year back, 'No' for both.
Else, 'Yes' where applicable.

Don't worry about petition. It's visa stamping in your passport that you have to check.

[send2anil]

Ok, my H1B Visa on my passport expired on May 2007, I have extended my H1B (EACxxxxx - I-129) every year till now. Now I have a new H1B approval notice which is expiring till May 2011.

My wife H4 has also expired on same May 2007, we filed extension for H4 and got extension till May 2008. Meantime we applied for her H1B and she got that on Feb 2008, she was pregnant and did not work till Mar 2009. She has a paytub from Mar 2009 to Apr 2010 and then we decided to change of status for her H1B to H4. That means her H4 visa in her passport also expired on May 2007.

Please help and share your thoughts. Thank you.

[sk4ih]

so, what's your question?

[send2anil]

My question is what we to select for the below:

Are you applying for the same class of visa which is currently valid or has expired within the past 12 months?* ?????

In both our (my & my wife) passports stamped visa's are expired on May 2007.
My H1B stamped visa's are expired on May 2007 and
My wife's H4 stamped visa's are expired on May 2007

[sk4ih]

My earlier reply had answer for that.
Answer is 'No'.
Didn't you get it?

[send2anil]

sorry, I just trying not to get confused myself. your reply was

Your reply was:
If your H1/H4 visa expired more than 1 year back, 'No' for both.

My question:
That you meant saying, since both of H1/H4 visa stampped in our passport has expired, so we have to select "No" for both of us right?

[sk4ih]

That's right.

sorry, I just trying not to get confused myself. your reply was

Your reply was:
If your H1/H4 visa expired more than 1 year back, 'No' for both.

My question:
That you meant saying, since both of H1/H4 visa stampped in our passport has expired, so we have to select "No" for both of us right?

[send2anil]

Thank you so much.

Since if I select "Yes", I see a pop-up message was saying if the selection is wrong (missrepresented the facts, visa might delay/postpone interview for 90 days. so, I got worried.

[shervin143]

What is so difficult about this question? It clearly asks if your visa (the one that is stamped in your passport) is currently valid or if it has expired within the last 12 months. Your visa expired in 2007 which is more than 12 months. You obviously should select NO.

This question has been answered so many times. Did you try searching for it?

My question is what we to select for the below:

Are you applying for the same class of visa which is currently valid or has expired within the past 12 months?* ?????

In both our (my & my wife) passports stamped visa's are expired on May 2007.
My H1B stamped visa's are expired on May 2007 and
My wife's H4 stamped visa's are expired on May 2007