H4 for my wife is pending for lack of H4 petition.

[y.shrivastava]

ISSUES WITH H4 STAMPING --- Councellor asking for H4 petition

Till Jan 28, 2010
Wife (dependent) is on L2 and myself on L1
Wife had approved H1B petition without Change of Status ( counselor processing of H1B )
myself had approved H1B petition without Change of Status ( counselor processing of H1B )

Jan 28, 2010
Wife's employer filed I129 petition was filed Change of Status from L2 to H1B


Feb 01, 2010
My employer I129 petition was filed Change of Status from L2 to H1B
Wife H4 COS ( I529) was not filed as her H1B change of status ( I129) was already applied.

Feb 10, 2010
I got my COS to H1B from L1

Mar 10, 2010
Wife travelled to India because of family emergency.

Mar 23, 2010
Wife got RFE for H1B COS, with reply expected before May 1, 2010

Apr 16, 2010
Wife went for H4 Stamping with my I797, Salary Slip, Marriage Certificate etc
Councellor officer asked her to provide H4 petition

Apr 19, 2010
Went with my I129
Councellor officer asked her to Provide H4 petition.
Wife said H4 petition cannot be applied as she is now in India.
Wife took a letter from attorney but it did not help.
Councellor officer said employer can apply for it.

Questions
1) What could be the reason for asking for H4 petition

2) My company Attorney says, H4 petition cannot be applied separately. Is it True?

3) Can we apply H4 petition for dependent when dependent is in India as it requires valid I94

4) Is Councellor asking for H4 petition or some other document which we are not able to understand

5) Can my employer file a Amended H1B petition filing my wife as dependent.
Will the dependent get some H4 petition

6) Is pending H1B the reason for this issue

7) Shall we withdraw the H1B petition and then go for H4 stamping

8) Will a detailed attorney letter help

9) WHAT DO I NEED TO DO?

 

[ginnu]

ISSUES WITH H4 STAMPING --- Councellor asking for H4 petition

Till Jan 28, 2010
Wife (dependent) is on L2 and myself on L1
Wife had approved H1B petition without Change of Status ( counselor processing of H1B )
myself had approved H1B petition without Change of Status ( counselor processing of H1B )

Jan 28, 2010
Wife's employer filed I129 petition was filed Change of Status from L2 to H1B
------was her COS approved from L2 to H1? Did she got H1 approval notice with I-94 attached?

Feb 01, 2010
My employer I129 petition was filed Change of Status from L2 to H1B
Wife H4 COS ( I-529) was not filed as her H1B change of status ( I129) was already applied.
--------------------- but her COS was not approved at this time.
Feb 10, 2010
I got my COS to H1B from L1

Mar 10, 2010
Wife travelled to India because of family emergency.

Mar 23, 2010
Wife got RFE for H1B COS, with reply expected before May 1, 2010
-------------------- Did she hot H1 approval? did she got I-94 attached with H1 approval notice? If she did not got I-94 attached it means she was out of status. She did not had valid I-94 based on her H1 and she Changed from L2 and her L2 based I-94 became invalid as She applied for COS(FYI I am not expert with F1 or L1)

Apr 16, 2010
Wife went for H4 Stamping with my I797, Salary Slip, Marriage Certificate etc
Councellor officer asked her to provide H4 petition

Apr 19, 2010
Went with my I129
Councellor officer asked her to Provide H4 petition.
Wife said H4 petition cannot be applied as she is now in India.
Wife took a letter from attorney but it did not help.

Councellor officer said employer can apply for it.
-------Wrong How the employer can apply H4 petition?
Questions
1) What could be the reason for asking for H4 petition
-----May be the officer is new. Your Lawyer should state the Law and should write a letter to Consulate.
2) My company Attorney says, H4 petition cannot be applied separately. Is it True?
----Attorney is correct.
3) Can we apply H4 petition for dependent when dependent is in India as it requires valid I94
---No
4) Is Councellor asking for H4 petition or some other document which we are not able to understand
-----May be ask the Visa officer. he should give you in writing what document he/she needs. ask your lawyer to write a letter so that they reply what is needed.
5) Can my employer file a Amended H1B petition filing my wife as dependent.

-------------That is not needed. A can be on H1 and later gets married and spouse can apply H4 visa stamp and no petition is needed.
Will the dependent get some H4 petition
------No
6) Is pending H1B the reason for this issue
-------who has pending H1B? You or She??? if YOU have H1 pending petition How she can get H4?
7) Shall we withdraw the H1B petition and then go for H4 stamping
------ What do you mean by"we"? what H1 petition you want to withdraw? your H1 or Her H1. who has H1 pending petition???
8) Will a detailed attorney letter help
-------------------------- provide your and your wife fulll details in sequence to attorney. provide the info of herI-94 validity and when she left USA.

9) WHAT DO I NEED TO DO?

one needs to study all the documents. your lawyer should be able to help you .

 

[y.shrivastava]

Ginnu, thanks a lot for the reply.

Till Jan 28, 2010
Wife (dependent) is on L2 and myself on L1
Wife had approved H1B petition without Change of Status ( counselor processing of H1B )
myself had approved H1B petition without Change of Status ( counselor processing of H1B )

Jan 28, 2010
Wife's employer filed I129 petition was filed Change of Status from L2 to H1B
------was her COS approved from L2 to H1? Did she got H1 approval notice with I-94 attached?
Y.shrivastava=> It was not approved as she got RFE on March 23 2010

Feb 01, 2010
My employer I129 petition was filed Change of Status from L2 to H1B
Wife H4 COS ( I-529) was not filed as her H1B change of status ( I129) was already applied.
--------------------- but her COS was not approved at this time.
y.shrivastava=> Yes, COS from L2 to H1B was not approved at this time

Feb 10, 2010
I got my COS to H1B from L1

Mar 10, 2010
Wife travelled to India because of family emergency.

Mar 23, 2010
Wife got RFE for H1B COS, with reply expected before May 1, 2010
-------------------- Did she hot H1 approval? did she got I-94 attached with H1 approval notice? If she did not got I-94 attached it means she was out of status. She did not had valid I-94 based on her H1 and she Changed from L2 and her L2 based I-94 became invalid as She applied for COS(FYI I am not expert with F1 or L1)
y.shrivastava => She got RFE asking for client letters. She did not get I94 attache with RFE. She did not get H1 Approval Notice. She already had Approved H1 Petition. Only the COS was pending. Since this RFE came after she returned back to India, i think she was not out of status.

Apr 16, 2010
Wife went for H4 Stamping with my I797, Salary Slip, Marriage Certificate etc
Councellor officer asked her to provide H4 petition

Apr 19, 2010
Went with my I129
Councellor officer asked her to Provide H4 petition.
Wife said H4 petition cannot be applied as she is now in India.
Wife took a letter from attorney but it did not help.

Councellor officer said employer can apply for it.
-------Wrong How the employer can apply H4 petition?
y.shrivastava=> Councellor is not ready to provide any details. We enquired at VFS centre and at the councellate information centre also. Every one says that H4 petition is requried.

Questions
1) What could be the reason for asking for H4 petition
-----May be the officer is new. Your Lawyer should state the Law and should write a letter to Consulate.
y.shrivastava=> wife showed a attorney letter but they did not even looked at it.

2) My company Attorney says, H4 petition cannot be applied separately. Is it True?
----Attorney is correct.

3) Can we apply H4 petition for dependent when dependent is in India as it requires valid I94
---No

4) Is Councellor asking for H4 petition or some other document which we are not able to understand
-----May be ask the Visa officer. he should give you in writing what document he/she needs. ask your lawyer to write a letter so that they reply what is needed.
y.shrivastava=> Visa officer just wrote "H4 Petition"
5) Can my employer file a Amended H1B petition filing my wife as dependent.
-------------That is not needed. A can be on H1 and later gets married and spouse can apply H4 visa stamp and no petition is needed.
Will the dependent get some H4 petition
------No

6) Is pending H1B the reason for this issue
-------who has pending H1B? You or She??? if YOU have H1 pending petition How she can get H4?
y.shrivastava=> Wife H1B COS which is expecting a reply from her employer by May 1st. We wanted to know if her Pending H1B COS creating problem in the mind of officer?

7) Shall we withdraw the H1B petition and then go for H4 stamping
------ What do you mean by"we"? what H1 petition you want to withdraw? your H1 or Her H1. who has H1 pending petition???
y.shrivastava=> Shall my wife/ her employer withdraw the H1B approved petition ( whose COS got RFE expecting reply by May 1, 2010)

8) Will a detailed attorney letter help
-------------------------- provide your and your wife fulll details in sequence to attorney. provide the info of herI-94 validity and when she left USA.

9) WHAT DO I NEED TO DO?

 

[ginnu]

Ginnu, thanks a lot for the reply.

Till Jan 28, 2010
Wife (dependent) is on L2 and myself on L1
Wife had approved H1B petition without Change of Status ( counselor processing of H1B )
myself had approved H1B petition without Change of Status ( counselor processing of H1B )

Jan 28, 2010
Wife's employer filed I129 petition was filed Change of Status from L2 to H1B
------was her COS approved from L2 to H1? Did she got H1 approval notice with I-94 attached?
Y.shrivastava=> It was not approved as she got RFE on March 23 2010

Feb 01, 2010
My employer I129 petition was filed Change of Status from L2 to H1B
Wife H4 COS ( I-529) was not filed as her H1B change of status ( I129) was already applied.
--------------------- but her COS was not approved at this time.
y.shrivastava=> Yes, COS from L2 to H1B was not approved at this time

Feb 10, 2010
I got my COS to H1B from L1

Mar 10, 2010
Wife travelled to India because of family emergency.
------Once one goes out of US after Filing COS before approval then Change of status is abandoned.

Mar 23, 2010
Wife got RFE for H1B COS, with reply expected before May 1, 2010
-------------------- Did she hot H1 approval? did she got I-94 attached with H1 approval notice? If she did not got I-94 attached it means she was out of status. She did not had valid I-94 based on her H1 and she Changed from L2 and her L2 based I-94 became invalid as She applied for COS(FYI I am not expert with F1 or L1)
y.shrivastava => She got RFE asking for client letters.
She did not get I94 attache with RFE.
----Nobody gets I-94 with RFE. RFE is for missing documents or for more documents.
She did not get H1 Approval Notice. She already had Approved H1 Petition.
-------------------do you read what you are writing? If she had H1 approved Petition then why she did not get H1 approval notice? once one gets H1 petition approved then only one gets H1 approval notice.

Only the COS was pending. Since this RFE came after she returned back to India, i think she was not out of status.
---------------Now you write her COS was pending and employer got the RFE when she was not in US. Her COS was abandoned if she went out when COS was pending.
Apr 16, 2010
Wife went for H4 Stamping with my I797, Salary Slip, Marriage Certificate etc
Councellor officer asked her to provide H4 petition

Apr 19, 2010
Went with my I129
Councellor officer asked her to Provide H4 petition.
Wife said H4 petition cannot be applied as she is now in India.
Wife took a letter from attorney but it did not help.

Councellor officer said employer can apply for it.
-------Wrong How the employer can apply H4 petition?
y.shrivastava=> Councellor is not ready to provide any details. We enquired at VFS centre and at the councellate information centre also. Every one says that H4 petition is requried.
--------VFS should know that no H4 petition is required.what is this"councellate information centre ?"
Questions
1) What could be the reason for asking for H4 petition
-----May be the officer is new. Your Lawyer should state the Law and should write a letter to Consulate.
y.shrivastava=> wife showed a attorney letter but they did not even looked at it.
------------------lawyer can write email/fax to consulate
2) My company Attorney says, H4 petition cannot be applied separately. Is it True?
----Attorney is correct.

3) Can we apply H4 petition for dependent when dependent is in India as it requires valid I94
---No

4) Is Councellor asking for H4 petition or some other document which we are not able to understand
-----May be ask the Visa officer. he should give you in writing what document he/she needs. ask your lawyer to write a letter so that they reply what is needed.
y.shrivastava=> Visa officer just wrote "H4 Petition"
----------------gove the copy to lawyer where visa officer wrote "H4 Petition"
5) Can my employer file a Amended H1B petition filing my wife as dependent.
-------------That is not needed. A can be on H1 and later gets married and spouse can apply H4 visa stamp and no petition is needed.
Will the dependent get some H4 petition
------No

6) Is pending H1B the reason for this issue
-------who has pending H1B? You or She??? if YOU have H1 pending petition How she can get H4?
y.shrivastava=> Wife H1B COS which is expecting a reply from her employer by May 1st.

-----------Her Change of status is abandoned and will be denied.

We wanted to know if her Pending H1B COS creating problem in the mind of officer?
-----May be and by mistake Visa officer wrote "H4 petition"
7) Shall we withdraw the H1B petition and then go for H4 stamping
------ What do you mean by"we"? what H1 petition you want to withdraw? your H1 or Her H1. who has H1 pending petition???
y.shrivastava=> Shall my wife/ her employer withdraw the H1B approved petition ( whose COS got RFE expecting reply by May 1, 2010)
----------------------- How her H1B petition is APPROVED? why do you write"Shall my wife/ her employer withdraw the H1B approved petition" She does Not have APPROVED H1 PETITION as she got RFE and NOT approval.

8) Will a detailed attorney letter help
-------------------------- provide your and your wife fulll details in sequence to attorney. provide the info of herI-94 validity and when she left USA.

9) WHAT DO I NEED TO DO?

Your case is beyond free advice. It need full research with documents and with her I-94 expiry details. you need a good lawyer.