H1B & H4 Stamping - UNUSUAL CASE

M

MartinG

New Member
I came on F1 and before finishing my degree (Master's) I got a job offer (after one semester) and later got approved H1B. My H1B was based on a previous master's degree from a European school.

My wife came independently on F1 but got sick and never attended the school. She explained that to INS and got a change of status to B2 (after RFE) and after we got married to H4. She finished her previous course of study on a part-time basis.

Now we need to travel. Has anybody have a feel for this. What are our chances of getting the stamps. Should we rather go to Mexico (Tijuana), Canada or to our home country (Czech Republic). Should we just wait for the GC. I greatly appreciate your help. Martin
 
Risks...

Traditionally, the canadian consulates have expressed inability to evaluate a non US degree and have refused H1 visa. But your case is slightly better than a simple non us degree.
Mexico has not posed any problems for a non us degree.

In most of the home country consulates, a F1 to h1 had always been not a problem. Since H1 (& H4) is dual intent visa, it all depends on whether you want to maintain non immigrant intent(a pending LC or 140 will negate this) or immigration intent (gotto explain why both of you entered US in F1 but later switched to some other visa). I anticipate problems for your spouse because she did jump thru some hoops. But each country's consulate's approach is different.
If you were from India I would definitely say wait for your green card.
 
Thanks...

jaxen,

Thanks for your answer. We don't have 140 or LC pending. However, I have one more concern. After getting a job offer I stopped taking courses at school. The courses I wanted weren't available anyway and I didn't worry to have 12 units. About 1 semester elapsed until the H1B was filed. Do you think this is a real threat for the stamping? (I was also on the curricular practical training almost from the beggining of the studies in the US. I thought I can learn more there...) THANKS.
 
Risk once again

If the consular officer will check whether you did any courses while your h1 was pending is a question only that person can answer.
Sorry.
 
You must log in or register to reply here.
Top