h1/h4 question

S

speed888

Registered Users (C)
hi

my sister and her husband recently got approved their COS from b2- h1 and h4 visa's but her employer said that they need to go back home in their home country to get their visa?

is there any other way to get their visa's here in the US so they won't go back home anymore
 
Visa Stamping

my sister and her husband recently got approved their COS from b2- h1 and h4 visa's but her employer said that they need to go back home in their home country to get their visa?

is there any other way to get their visa's here in the US so they won't go back home anymore

Hi,

If this is the first time for H1 then they need to get it stamped in their country of origin. The US Consulate where they need to attend their interview will be given on the I-797 or a separate sheet along with it.

If it is from B2 - h1 you'll have to leave the country get it stamped and only then get admitted and start work. At best they can go to Canada

As of now there is no process to get their visa's in US. If the situation changes in the near future we wish everyone good luck

Hope this helps. Else knock the forum

Subramanya
 
i see..

is there any possibility that they weill get denied at the consular where they get it stamped?

what kind of supporting documents do they need to show to the consular?

thanks
 
speed888 said:
hi

my sister and her husband recently got approved their COS from b2- h1 and h4 visa's but her employer said that they need to go back home in their home country to get their visa?
--- Check the H1 approval notice and H4 approval notice if they have I-94 attached(lower right side of approval) then they dont need to go out . if they dont have I-94 attached with approval then employer is correct, why ask employer? ask the lawyer who filed from B2 to H1 COS
is there any other way to get their visa's here in the US so they won't go back home anymore
---- one cant get Visa stamps in US it was stoped 2-3 years back.
Click to expand...
Check the approval notice and let the others know if I-94 is attached or not(the I-94 will not be white it wiil be same color of the approval notice)
 
theres no i94 attached. that means they really need to go back home

is there any chance that they will be denied when getting their h1 and h4 visas at the consulate back home?
 
speed888 said:
theres no i94 attached. that means they really need to go back home

is there any chance that they will be denied when getting their h1 and h4 visas at the consulate back home?
Click to expand...

Generally when Change of status is approved they provide the I-94 on lower par of approval. If no I-94 is attached they need to go back get H1 and H4 visa stamp and then enter on H1 and H4. I am confused of one reason when you say COS approved how they approve H4 if spouse is not approved for H1 status and if spouse got approved for H1 then only H4 is approved in US I think they may have I-94 attached. Go to lawyer and show the approval notice.
If USCIS approved as new H1 then they are not supposed to approve H4. Some info/facts are missing from your side. Go to lawyer and sort it
** do they have valid I-94 that they got when entred US on B2?
 
ok,thanks! or i better check the approval notice by myself coz my sister just told me this details about their situation

but if h1 is approved. is the spouse for h4 application automatically approved too?

and yes, they havlid i94 when they entered here as b2
 
ok,thanks! or i better check the approval notice by myself coz my sister just told me this details about their situation

but if h1 is approved. is the spouse for h4 application automatically approved too?

---- Oh NO, H1 approval does not mean H4 is approved. H4 has to be applied separately unless the person who wants to be on H4 goes out of the country to get it stamped. In that case showing the H1 approval notice will suffice

Subramanya
 
speed888 said:
ok,thanks! or i better check the approval notice by myself
--so you were posting the info without checking the approval notices??
coz my sister just told me this details about their situation

but if h1 is approved. is the spouse for h4 application automatically approved too?
--------------- no, she or lawyer may have filed for her H4 status change as her spouse H1 status change was filed. for more info go to lawyer who filed, you are posting and wasting time when you dont know the facts of the case
and yes, they havlid i94 when they entered here as b2
Click to expand...
 
Something to add to the above discussion. If you enter the US on a B1/B2, and you intend to convert to H1, you will need to tell the immigration officer at the port of entry that you intend to convert to H1 status. In such circumstances, the passport will be stamped with the note.
If such is the case, then your H1 approval will have the I-94. But to get a H1B visa, you can either goto Canada or Mexico as a TCN. But if you do not have the I-94 with the H1, then you will need to go to your home country and apply for a H1B visa. So, if your sister does not have a H4 approval, it does not matter as she is here as a dependent on the B visa. And when her husband applies for the H1, she can go along with him and get the H4 visa without getting a H4 approval from the USCIS.
 
frostrated said:
Something to add to the above discussion.

If you enter the US on a B1/B2, and you intend to convert to H1, you will need to tell the immigration officer at the port of entry that you intend to convert to H1 status
--------------- they can refuse the entry

In such circumstances, the passport will be stamped with the note.
--------- where did you read that????
Click to expand...
 
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