IT Worker on H4 Visa

[User96321]

Hi All,

I have 12 years of experience in IT industry and I had spent a period of 7 years in US on L1A and L1B visa's. There was a gap of 2 years between L1B and L1A visa and I was in US for 4 years on L1A visa. I came back to India in July 2010 last year and filed for my H1 last year. I went for stamping in March 2011 and is currently in administrative processing.

My wife is currently working as a full time employee on H1 visa. I wanted to go back to US in October 2011 on H4 visa.

My concern is that would I be allowed H4 visa as I have almost 12 years of experience and what would happen to my H1 petition that is still undergoing administrative processing.

What should be my best way of approaching the visa issue. My son is 2 years old and is an american citizen by birth. I need to be with him as almost it is a year I have not seen him.

Any suggestions or pointers are very much welcome.

Thanks a lot for your help in helping me.
-Ravi

[kabkaba]

There is no problem. For H4 all you need to prove is that your spouse is maintaining H1 status and that you are legally married.

You can of course not work in the US while you are in H4 status and H4 status also does not reset the 6 year clock for H1.

[User96321]

Thanks

Thanks a lot for your reply Kabkaba.

[User96321]

Hi All,

I have a couple of more questions on my scenario. Please see the below mentioned posts for the details about my situation.

(1.) As mentioned my H1B visa is under 221G processing and if I start a fresh H4 processing, would I need to cancel my ongoing H1B application?

(2.) If I cancel my H1B application right now, can I apply for COS after coming to US (assuming my H4 gets approved) on the same existing H1 petition (even though I cancelled the H1B application once)?

(3.) While I am on H4, if my H1 gets approved, what would I need to do to get my passport stamped? Would I need to come back to India again?

Thanks a lot for all your help.

Thanks and Regards
--Ravi

[shervin143]

(1.) As mentioned my H1B visa is under 221G processing and if I start a fresh H4 processing, would I need to cancel my ongoing H1B application?
>>> No.

(2.) If I cancel my H1B application right now, can I apply for COS after coming to US (assuming my H4 gets approved) on the same existing H1 petition (even though I cancelled the H1B application once)?
>>> Yes.

(3.) While I am on H4, if my H1 gets approved, what would I need to do to get my passport stamped? Would I need to come back to India again?
>>> Yes.