Does H4 stays valid even after H1 was cancelled ?

S

sahaia

Registered Users (C)
I was on H-1b with Company A and my wife was on H-4. In May 2002 my wife made a visit to India and meanwhile in Jul'2002 Company A cancelled my H-1.

Within 10 days Company B applied for my new H-1b. Few days back (after > 8 months) I received approval notice for my new H-1b.

Can my wife come to US on her old H4 (as that was never cancelled and I never went out-of-status) or does she have to apply for a new H4 in India ?

If she has to reapply for H4 can some one give me a list of documents (from me and my employer) that Delhi embassy is asking for now a days, as I am getting different lists from different sources.

Thank You.
 
Originally posted by sahaia
I was on H-1b with Company A and my wife was on H-4. In May 2002 my wife made a visit to India and meanwhile in Jul'2002 Company A cancelled my H-1.

Within 10 days Company B applied for my new H-1b. Few days back (after > 8 months) I received approval notice for my new H-1b.

Can my wife come to US on her old H4 (as that was never cancelled and I never went out-of-status) or does she have to apply for a new H4 in India ?

If she has to reapply for H4 can some one give me a list of documents (from me and my employer) that Delhi embassy is asking for now a days, as I am getting different lists from different sources.

Thank You.
Click to expand...

Technically you were out of status for 10 days. But your wife can still travel using her old H4 as long as the H4 visa is still valid. She may be asked to show proof of your valid status and you can send a copy of your H1 approval notice.

This is not a professional opinion.
 
sahaia:

“Can my wife come to US on her old H4 (as that was never cancelled and I never went out-of-status) or does she have to apply for a new H4 in India?”


1. She can come to US with her old H4 but she will get I-94 till her H4 stamp is valid later in US you may have to extend her h4 by filing I-539 to BCIS and have to pay $140 before her H4 and I-94 expires so that she have valid H4 status till you have H1b

2. (According to law if you send her your new H1, she can show your H1 and recent 2-3 pay stubs from your side and can get new I-94 valid till your H1 validity at POE but many BCIS/INS officers can mess up)

3. If she has a time it is better to get H4 stamped in India and she will have new H4 stamp till the validity of your H1B, she is qualified for drop box and will get her passport with visa stamp same day if you want to use TT services/ Visa facilitation services then she can get her PP back in 3-4 days
Send: H1b approval notice, all the pages of your passport including blank pages, your employer letter that describe your job title, salary and duties, w-2, 3-4 recent pay stubs and your complete I-129+ LCA that was filed by your Employer or lawyer to INS/BCIS for your H1b (your Employer HR or the lawyer has the copy get it certified by the lawyer who prepared it and sent to INS) marriage certificate, She has to fill up Form DS-156 and new style photographs (2 inch by2 inch) and pay the fee, check New Delhi Embassy site for the other info. I hope I have tried covered everything
 
You must log in or register to reply here.
Top