plz suggest

[Geetch]

Hello

I recently had my h4 interview.my husband was out of US for 2 yrs due an emergency and couldnt return back, then i was in US during that time preparing for my exams,but i returned back to india before expiration of my visa. so will that create any problem for y h4 visa now?


Thanks

[raghvi]

Are you saying that you were in US for 2 Years on H4 when your husband , having H1 , was not present in US during those 2 Years? If yes, then you were actually out of status, as only short stay on H4/L2 is allowed when primary H1/L1 is not in US. This is my opinion, do seek expert help too.

[Geetch]

yes raghvi, i was on h4 during that time.so will that be any problem for my present h4 process

[raghvi]

Most likely yes. H4 cannot be in US for long periods when primary H1 holder is not with them in US. Suppose Visa Officer asks you for your spouse's payslips and W2 for those 2 years how are you going to show it?

[Geetch]

yes, visa officer did actually ask for my husband's w2's since i had only 2011 w2 with me, he asked about 2010 w2 during which , my husband was not in US, so he asked me to submit all the w2's since the begining of my husband's h1, which i did submit.

we didnt had w2 for 2009, 2010 and we mentioned the same to visa office.

my h4 case has been pending since march 26th(docs submission date).My interview was on march 13th, 2012

Most likely yes. H4 cannot be in US for long periods when primary H1 holder is not with them in US. Suppose Visa Officer asks you for your spouse's payslips and W2 for those 2 years how are you going to show it?

[raghvi]

Well there is hardly anything that you can do now. You did a mistake by staying so long in US without your spouse. Wait for the Admin processing to get over and the decision they take on it. This is my opinion, do consult an expert too. You might also want to talk to a good immigration lawyer as to your future options in case they reject your H4.

[Geetch]

thanks for the clarification raghvi.So u mean to , that i have very low chances of getting my h4 issued, is that so?

Well there is hardly anything that you can do now. You did a mistake by staying so long in US without your spouse. Wait for the Admin processing to get over and the decision they take on it. This is my opinion, do consult an expert too. You might also want to talk to a good immigration lawyer as to your future options in case they reject your H4.