Gurus....please help

h74shah

Registered Users (C)
My company sent termination letter on 03/05/03 to INS stating I-129 application be cancelled "at the earliest date". I had H1 stamping done in India on 02/20/03 valid till october 2004. I entered US on that visa on 03/10/03. After coming to US, I talked with my boss and they decided to rehire me.
Now our attorney has applied New H1B for me using premium processing. Once I get the approval notice, my wife will go to mumbai embassy to get her H4 visa. My question is...
1. Should I get new H1 stamp before she goes for her visa?
2. If not, what supporting documents she will need so that she'll get visa based on my new H1?
3. Any questions that the visa officer may ask her regarding application of new H1 even if the old one is valid for more than a year (considering INS didn't proceed the cancellation of my earlier H1).
thanks
 
It is a tough call...

1) It would be best if you got a new visa stamp..but if you are working with your company with paytubs and all..she could
get a visa without any problem.
2) marraige cert, full complete photocopy of your passport, your original H1 approval notice, paystubs, current company employment letter, marraige photos ...throw in last years W2 as well.
3) I doubt if the officers are so paranoid...plus Mumbai is quite resonable when it comes to issueing visas..H4 should be no problem.
Finally check all this with your lawyer...ask him to follow up on that cancellation-revocation matter.
 
3. just be prepared for the obvious Q. Your employer can give a letter explaining the rehire and the new visa application.
Apply for h4 after the new h1 is approved.
 
What should be the answer??

Hi jaxen...
They terminated and rehired me because there was some politics going on in my company. So when one person was in charge of making decision, i was terminated and when other person was in charge, I was rehired. Now I don't think I should tell this to the immigration officer. What should be the answer to this obvious question? If you do know...
Also do I have to go outside US to get the new visa stamp in my passport? I already have 1 h1 stamp which expires oct 04.
thanks
 
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