Hi,
I have a situation and need advise. I know I have too many questions may take some time to read, but since its a matter of visa status issue, please advice.
I am on H1B on working in US since May 2000. I got married in 2002. And both of our (myself and my wife's) visas and I94 was expiring in Aug 2003.
My H1B and my wife's H4 were sent for extension in July 2003.
My H1 extension came through fine but H4 had a query as they wanted to see my Marriage Certificate (Though I made sure that my marriage certificate was already included). My company responded to that query my explicitly sending the marriage certificate in time. But it seems USCIS never received the response and they have closed the case. So my company had to reopen the case (Motion to reopen or reconsider the case) in March 2004. This case is still pending (more then 7 months).
In the meantime I changed my Job and working on a new H1B (didn't apply for H4 transfer) and my wife also applied for a H1. Her H1B approval (Oct 1 2004 - Sept 2007) came through but without an I94 (with the reason as applicant was out of status and change of status denied).
I have all the documentation (receipt notices, query and response including FedEx receipts from my previous company that response to the query was sent on time and could be case where response was lost.
Please let me know, what I am supposed to do in this case.
i) Is it possible to get an I94 for her H1B showing the proof that all the applications and responses were filed on time and her status is valid.
ii) Can my wife start working on her new H1B (without an I94), and get her passport stamped with new H1B in India when we visit.
iii) Do we need to cancel the pending H4 (motion to reopen) or wait till it gets approved.
iv) Can she get her H1B stamped in Mexico?
v) Will there be any problem if she goes to India (Chennai) for stamping for new H1B. And what all documentation does she need to take to the consulate.
Option (i) would be most viable for me, please advice.
Help will be greatly appreciated.
Regards
KNK_HYD
I have a situation and need advise. I know I have too many questions may take some time to read, but since its a matter of visa status issue, please advice.
I am on H1B on working in US since May 2000. I got married in 2002. And both of our (myself and my wife's) visas and I94 was expiring in Aug 2003.
My H1B and my wife's H4 were sent for extension in July 2003.
My H1 extension came through fine but H4 had a query as they wanted to see my Marriage Certificate (Though I made sure that my marriage certificate was already included). My company responded to that query my explicitly sending the marriage certificate in time. But it seems USCIS never received the response and they have closed the case. So my company had to reopen the case (Motion to reopen or reconsider the case) in March 2004. This case is still pending (more then 7 months).
In the meantime I changed my Job and working on a new H1B (didn't apply for H4 transfer) and my wife also applied for a H1. Her H1B approval (Oct 1 2004 - Sept 2007) came through but without an I94 (with the reason as applicant was out of status and change of status denied).
I have all the documentation (receipt notices, query and response including FedEx receipts from my previous company that response to the query was sent on time and could be case where response was lost.
Please let me know, what I am supposed to do in this case.
i) Is it possible to get an I94 for her H1B showing the proof that all the applications and responses were filed on time and her status is valid.
ii) Can my wife start working on her new H1B (without an I94), and get her passport stamped with new H1B in India when we visit.
iii) Do we need to cancel the pending H4 (motion to reopen) or wait till it gets approved.
iv) Can she get her H1B stamped in Mexico?
v) Will there be any problem if she goes to India (Chennai) for stamping for new H1B. And what all documentation does she need to take to the consulate.
Option (i) would be most viable for me, please advice.
Help will be greatly appreciated.
Regards
KNK_HYD