H1B revalidation / H4 transfer and revalidation

[pikekathie]

H1B revalidation/H4 transfer and revalidation

Hi

When my Visa was getting expired last Aug`03 company A applied for my H1 & my spouse's H4 extension. Both H1 & H4 extension got approved this Feb`04.
- I only received my H1B approval notice along with I94.
- But did not receive H4 approval document my mail although it got approved (I539).

Meanwhile company B hired me last Jan `04 and applied for my H1 transfer and finally it got approved only last week (June`04). I’m currently working with company B.
But company B made a blunder, by not applying for my spouse H4 transfer although I furnished all documentation.

So currently my status is
- Expired Visa in my passport, with valid H1 (I797) on both company A and company B (for next 3 yrs).
- Expired Visa on my spouse passport as well, with approved H4(I539) on company A but no hard copy – Documents none on company B.

Revalidation:
As visa revalidation services will be ceased as of July 6, 2004 – I’m in a great dilemma what to do with my current situation.
I need some great help and advice as such how to proceed – so that I can avoid revalidation @ Chennai and both of us together can apply for visa revalidation.

(1) If I apply H4 transfer this week, I’m afraid how long it will take to get the approval notice.
(2) Should I get a duplicate H4 approval on company A by submitting I824 and spending $140?
(3) As time is close by shall I convince Company A and apply for revalidation of both H1 & H4 on company A?
(4) Shall I make a attempt by sending my Passport and H1 approval notice on company B and Passport & H4 approval on company A for my spouse (after I receive her duplicate H4)?
(5) Or Just for the time being get my Visa revalidation with H1 approval on company B and later apply for H4 transfer on company B and try for my spouse visa revalidation at Canada or India (but I want to avoid India, as the procedure in Chennai really threatens me).

Kindly advise me as I’m running out of time. Appreciate your help.

Pike

 

[ginnu]

Hi

When my Visa was getting expired last Aug`03 company A applied for my H1 & my spouse's H4 extension. Both H1 & H4 extension got approved this Feb`04.
- I only received my H1B approval notice along with I94.
- But did not receive H4 approval document my mail although it got approved (I539).
-----check with lawyer who filed H4 extension, do you have BCIS online print our that H4 was approved???
Meanwhile company B hired me last Jan `04 and applied for my H1 transfer and finally it got approved only last week (June`04). I’m currently working with company B.
But company B made a blunder, by not applying for my spouse H4 transfer although I furnished all documentation.
------ what did you provide to then for your spouse H4 extension? becase you wrote that you did NOT get H4 approval notice of your spouse when your spouse applied before Augst 2003
So currently my status is
- Expired Visa in my passport, with valid H1 (I797) on both company A and company B (for next 3 yrs).
------ you are fine if you have recent I-94 attached with your H1 approval notice
- Expired Visa on my spouse passport as well, with approved H4(I539) on company A but no hard copy – Documents none on company B.
------- How do you say that your spouse has approved H4, does he/she have approval notice? does H4 holder has valid I-94??, If H4 holder had H4 approval notice or her I-94 is valid then she/he is OK, if I-94 is expired then staying illegaly and out of status. it does not matter for H4 holder if H4 is through A or B, it is tied to your H1 status.
You need to clear:
till what date your spose who is on H4 has I-94 validity???
Revalidation:
As visa revalidation services will be ceased as of July 6, 2004 – I’m in a great dilemma what to do with my current situation.
I need some great help and advice as such how to proceed – so that I can avoid revalidation @ Chennai and both of us together can apply for visa revalidation.
------ you can send YOUR H1 revalidation before July 6 to DOS as your H1 Visa is NOT expired more than 1 year
(1) If I apply H4 transfer this week, I’m afraid how long it will take to get the approval notice.
------- depends on service center, it may take 3-5 months, I am just confused, you also write that your spouse has H4 approved and at same time you are writing to apply H4 extension. what is true? If she has valid I-94 and H4 Visa is NOT expired more than 1 year AND has H4 extension approval then she can send her passport for Visa revalidation
(2) Should I get a duplicate H4 approval on company A by submitting I824 and spending $140?
----- it seems that you dont have H4 extension approval notice for your spouse, do you have reciept of her H4 extension filing before her I-94 expired?
What date her I-94 expired
(3) As time is close by shall I convince Company A and apply for revalidation of both H1 & H4 on company A?
---company A or B does NOT Revalidate Visa Stamps it is YOU who have to get Revalidation done
(4) Shall I make a attempt by sending my Passport and H1 approval notice on company B and Passport & H4 approval on company A for my spouse (after I receive her duplicate H4)?
-----YES, YES(for you) YES( if your spouse gets H4 approval notice with valid I-94)
(5) Or Just for the time being get my Visa revalidation with H1 approval on company B
--YES, YES
and later apply for H4 transfer on company B and try for my spouse visa revalidation at Canada or India (but I want to avoid India, as the procedure in Chennai really threatens me).
---- I see lot of confusion and unable to understand the situation of your spouse H4
Kindly advise me as I’m running out of time. Appreciate your help.

Pike

 

[pikekathie]

Thanks Ginnu for your quick response.

Regarding my spouse status:

She got her case (application type: I539) approved on Feb 03, 2004. I do have the BCIS case status print out.
We never received the original approval notice by mail which was applied when I was with company A.
Currently she only have expired I94.

When I called National customer service center (800) 375-5283 they asked me to filled out I-824 application for action on an approved application or petition along with $140 fee.

My question is:
(1) I'm sending my Passport & H1 approval notice on company B for DOS for visa revalidation. What about my spouse's visa revalidation? can I send my spouse passport along with company A's approval notice?

 

[ginnu]

Thanks Ginnu for your quick response.

Regarding my spouse status:

She got her case (application type: I539) approved on Feb 03, 2004. I do have the BCIS case status print out.
We never received the original approval notice by mail which was applied when I was with company A.
Currently she only have expired I94.
------ if she applied H4 extension timely before her I-94 expiry date she may be OK, but with out Valid I-94 she is............
When I called National customer service center (800) 375-5283 they asked me to filled out I-824 application for action on an approved application or petition along with $140 fee.
---you can do that
My question is:
(1) I'm sending my Passport & H1 approval notice on company B for DOS for visa revalidation. What about my spouse's visa revalidation? can I send my spouse passport along with company A's approval notice?

---- you can send your passport for Visa revalidation, your wife has expired I-94 at this time they will not stamp her Visa, she needs H4 extension approval with I-94 attached

do you have her I-539 filing reciept that she got from USCIS??? did you check with lawyer who filed her H4 extension? till what date her H4 extension was filed? ( it has to be till your H1 status if it was filed with your H1 extension) did the lawyer filed your H1 EXT and her H4 extension on same date and in same envelope?? do you have any proof that her H4 was filed?
H4 is not related to company A or b it is tied to your H1 status and if she has not got H4 extension approval for her then you will not know till what date her I-94 was supposed to be valid and if that I-94 date expires she will be staying illegal in US. make sure with your lawyer what to do.

 

[NCstate]

Hello,

I am confused with my wifes H4 status, help needed please ! How is H4 status related with my H1 ?

My H1 and my wifes H4 valid till Apr 05 applied through company A on Dec 2003. In Apr 04, I thought of chaging to new employer so I applied H1 and H4 through Company B. After a week I decided NOT to Join with the Company B, continue with Company A as It was.

So Basically I just applied H1 & H4 through company B. Last week My H1 & H4 got approved through company B till Feb 2007. My wife also got H4 approval notice.


My question is : Since I did not join with company B and got approval notice from INS till Feb 2007, What about my wifes status ? ( will the approval notice will override the existing visa status )

or Do I have to apply H4 through compnay A again ? ( But my wifes H4 still valid till Apr 2005 through company A )

I really apreciate your suggestions ?

---- you can send your passport for Visa revalidation, your wife has expired I-94 at this time they will not stamp her Visa, she needs H4 extension approval with I-94 attached

do you have her I-539 filing reciept that she got from USCIS??? did you check with lawyer who filed her H4 extension? till what date her H4 extension was filed? ( it has to be till your H1 status if it was filed with your H1 extension) did the lawyer filed your H1 EXT and her H4 extension on same date and in same envelope?? do you have any proof that her H4 was filed?
H4 is not related to company A or b it is tied to your H1 status and if she has not got H4 extension approval for her then you will not know till what date her I-94 was supposed to be valid and if that I-94 date expires she will be staying illegal in US. make sure with your lawyer what to do.