F2- H1 and F1-H4

[poke]

I do hope someone answers my concern!

Briefly I have been on my F1 status since 2000..I completed my Masters and went on my EAD..market sucked, and before my EAD expired I registered for an Associates degree. My wife was on f2 and she got an I 20 from the Community college. and we have been here ever since "in status". Our I94's did not have any expiry date.

My wife on f2 got a job as a resident (MD) in a hospital and hence converted to H1B...and i transfered to H4. Our petitions were approved and we recieved the originals from INS.

We are planning to go to India in December and get our visa's stamped at Chennai. Of course reading this forum, I have my concerns about the risks involved. WOuld there be any problem? I have copies of my W2 and I have applied to IRS for "tax return transcripts" as me foolish self lost my 1040. Will these copies be sufficient?.

If there are some risks involved...what do you think might these risks be..and is there anyway to work around it? I have this sick feeling that my wife will get her H1 approved and they might reject my H4. Do you think Canada would be a better bet?. My lawyer said that there shoulnt be any reason for thhe consulate in india to reject..ah!, if she only knew what happens in Indian consulates.

Please advice...anyone. I appreciate your time and any feedback.
Thanks!

 

[GCChaahiye]

Avoid travel if it is non-essential.

After 1-2 years of you both being here on H1/H4, it might be relatively easy to get your passports stamped.

Have you at any time or your wife filed for permanent residency??

Having or not having your W2 and tax returns should not have any effect on the stampings as such, if you have ALWAYS maintained status.
Since you are/will be on H4, you should only be concerned about your status/criminal/objectionable records.Since your wife is the principal(H1), HER papers should all be in order with tax returns,pay-stubs,being in status,etc.

Going to Canada for stamping will be extremely risky.If they deny your stamping there, then you will not be allowed to enter US and would have to travel directly to India to obtain the visa stamping there.If you can take this risk, then you should consider,else forget about it.