Any inputs will be greatly appreciated. Apologize for the long post but want to give as much information as possible.
I have some questions with regards to my wife's immigration status. She was previously on H-4 visa (valid till oct 2007) when I was with employer A.
I joined Employer B in Jan 2007 and she got H-4 Approval until 2009 from the Employer B .Also we filed for H-1b and she got approved from Oct 2007 .
She has not started to work for her Employer yet . Now come August 2008 we are planning to visit India
Details : My I-140,I-485 pending ,Have EAD and AP for both .
What are the best options
A) Should she apply for a transfer back to H-4 status by filing for a change of status from H-1 to H-4.
If so :
1) Are any pay stubs of current H-1 employment required while filing for change of status to H-4?
2) Can she go back to India without change of status and stamp her previous H-4 and come back to US on H-4?
3) Can we go to any other country like Canada, Mexico, and Bahamas and get a new H-4 stamped for her? Or it has to be done from India? I will also get my H-1 stamped the same time.
4) What are the documents that will be required to file for COS using form I-539 and how long it usually takes to get approved?
5) Can she travel to India while her COS is still under process?
B)Wait until my I-140 is approved then apply for COS ( change of status form H-1b to H4) and then Visit India and use AP to enter .
C)Get her H-1b stamped from Mexico by providing the pay stubs .
I have some questions with regards to my wife's immigration status. She was previously on H-4 visa (valid till oct 2007) when I was with employer A.
I joined Employer B in Jan 2007 and she got H-4 Approval until 2009 from the Employer B .Also we filed for H-1b and she got approved from Oct 2007 .
She has not started to work for her Employer yet . Now come August 2008 we are planning to visit India
Details : My I-140,I-485 pending ,Have EAD and AP for both .
What are the best options
A) Should she apply for a transfer back to H-4 status by filing for a change of status from H-1 to H-4.
If so :
1) Are any pay stubs of current H-1 employment required while filing for change of status to H-4?
2) Can she go back to India without change of status and stamp her previous H-4 and come back to US on H-4?
3) Can we go to any other country like Canada, Mexico, and Bahamas and get a new H-4 stamped for her? Or it has to be done from India? I will also get my H-1 stamped the same time.
4) What are the documents that will be required to file for COS using form I-539 and how long it usually takes to get approved?
5) Can she travel to India while her COS is still under process?
B)Wait until my I-140 is approved then apply for COS ( change of status form H-1b to H4) and then Visit India and use AP to enter .
C)Get her H-1b stamped from Mexico by providing the pay stubs .