H4 issues .. help needed .. how about ginnu..

K

kishuibm

Registered Users (C)
HI Ginnu,
I just saw your adivises in immigration help . and i think i need one from you ..
I was working with compnay A last year and got married and brought my wife to usa on Company A visa .. After coming to usa i was laid off and changed to company B. Company B sponsered my H1 B again and i got the papers . But i am still on company A visa which is still valid for March 2004. and my company B visa is and I-94 is valid till September 2005. I thouhgt of sending my visa revalidation in usa it self on feb mar2004.
But in the mean time My wife went to india and we had a baby there .. I did't went to india . Now i want to bring my wife and my kid to usa .. Her H4 is still valid and its from company A and it is valid till march 2004.
So do i need to have a visa to my kid too ?? right
and nowadays there are somany Questions are asking by the consulate about the W2 forms and other stuff.. I think i have all of them .. But still i am worried ..
so Could you pls tell me what are the probabilities of rejecttion or late or any kind ..
Now my plan is i am going to send the Company B H1 copys and employment letter and other stuff .. and can i ask my wife and my kid to get H4 visa there or .. can i ask just my wife to come over here with in March 2004 and geting the Company B visa here in usa .. In that i have to drop my new born kid in india it self .. That is pains ..
Or as i have all the documents can my wife and my kid get the visa ..

I will appreicate for your views.

Thanks
Kishore
 
Kishore ji read below:


I just saw your advises in immigration help. And I think I need one from you ..
I was working with company A last year and got married and brought my wife to usa on Company A visa .. After coming to usa i was laid off and changed to company B. Company B sponsored my H1 B again and I got the papers. But I am still on company A visa which is still valid for March 2004. and my company B visa is and I-94 is valid till September 2005.
---- You are confusing Visa Stamp with H1B approval notice, I think you still have Visa stamp in your passport through company A and you are working with company B with valid H1B approval notice and extended I-94 till the validity of company B H1 transfer and you have H1 approval notice of company B and I-94 valid till September 2005 is that true?



I thought of sending my visa revalidation in usa it self on feb mar2004.

But in the mean time My wife went to India and we had a baby there.. I didn’t went to India. Now I want to bring my wife and my kid to usa .. Her H4 is still valid and its from company A and it is valid till March 2004.
So do I need to have a visa to my kid too?? Right
---- YES
and nowadays there are so many Questions are asking by the consulate about the W2 forms and other stuff.. I think I have all of them.. But still I am worried..
---- why you should worry if you have all the required W-2, recent pay stubs and job?

So Could you pls tell me what are the probabilities of rejection or late or any kind ..
----- I don’t see any reason that they will reject the H4 visa for the baby, just make sure to get baby birth certificate and any hospital records show ONLY IF asked. First get the Passport for baby and on that passport your name should be as father and your wife name as mother (your names should match with your names on your passports or H1 H4 Visa stamps many PP office make the mistakes in names so check the baby passport for correct names)
Now my plan is I am going to send the Company B H1 copy’s and employment letter and other stuff.. and can I ask my wife and my kid to get H4 visa there
------ YES, why not?
or .. can I ask just my wife to come over here with in March 2004 and getting the Company B visa here in usa ..
She can enter on Visa stamp that has company A name on it, past employer A can only cancel or revoke the H1B petition NOT H1B or H4 Visa sticker on passport. Her H4 status is linked to your H1B status when she enter at POE she should show your company B H1 approval notice and will get I-94 till the validity of your H1b that is valid till September 2005, same for your Baby.
In that I have to drop my new born kid in India it self ..
----- No need to leave the baby in India if mother is coming to USA, your Baby will get H4 visa stamped and will come to US with your wife and you are going to receive them at airport. Relax!!
That is pains ..
Or as I have all the documents can my wife and my kid get the visa ..
----- YES. YES, YES- prepare your self for buying the stuff for baby.
***Why did you sent your wife to India for delivery? You deprived your Baby for US Citizenship if the baby should have born in US baby automatically is US citizen. Baby is going to accuse you when reaches the age of 14-15 and is going to question you. Be ready with answers.
Good Luck!!
 
Thanks Ginnu,
So you mean to say .. My wife doesnot require Company B visa or i dont need to send her papers to Chennai consulate ..
I only need to send baby papers to Consulate .. So once she come here to usa .. she will come on Company A visa and get I-94 on the basis of Company B . But my Kid will get Company B Visa and I-94.so once my wife come here with in March 2004 . i will send her papers and mine to St.louis . to get revalidated ..
Is that correct ..
Here one more Question .. Do i need to have a 1-179 for my wife also when i am about to send to revalidate .
or just my 1-179 is enough for my wife also to get stamped ??

I just saw your advises in immigration help. And I think I need one from you ..
I was working with company A last year and got married and brought my wife to usa on Company A visa .. After coming to usa i was laid off and changed to company B. Company B sponsored my H1 B again and I got the papers. But I am still on company A visa which is still valid for March 2004. and my company B visa is and I-94 is valid till September 2005.
---- You are confusing Visa Stamp with H1B approval notice, I think you still have Visa stamp in your passport through company A and you are working with company B with valid H1B approval notice and extended I-94 till the validity of company B H1 transfer and you have H1 approval notice of company B and I-94 valid till September 2005 is that true?



I thought of sending my visa revalidation in usa it self on feb mar2004.

But in the mean time My wife went to India and we had a baby there.. I didn’t went to India. Now I want to bring my wife and my kid to usa .. Her H4 is still valid and its from company A and it is valid till March 2004.
So do I need to have a visa to my kid too?? Right
---- YES
and nowadays there are so many Questions are asking by the consulate about the W2 forms and other stuff.. I think I have all of them.. But still I am worried..
---- why you should worry if you have all the required W-2, recent pay stubs and job?

So Could you pls tell me what are the probabilities of rejection or late or any kind ..
----- I don’t see any reason that they will reject the H4 visa for the baby, just make sure to get baby birth certificate and any hospital records show ONLY IF asked. First get the Passport for baby and on that passport your name should be as father and your wife name as mother (your names should match with your names on your passports or H1 H4 Visa stamps many PP office make the mistakes in names so check the baby passport for correct names)
Now my plan is I am going to send the Company B H1 copy’s and employment letter and other stuff.. and can I ask my wife and my kid to get H4 visa there
------ YES, why not?
or .. can I ask just my wife to come over here with in March 2004 and getting the Company B visa here in usa ..
She can enter on Visa stamp that has company A name on it, past employer A can only cancel or revoke the H1B petition NOT H1B or H4 Visa sticker on passport. Her H4 status is linked to your H1B status when she enter at POE she should show your company B H1 approval notice and will get I-94 till the validity of your H1b that is valid till September 2005, same for your Baby.
In that I have to drop my new born kid in India it self ..
----- No need to leave the baby in India if mother is coming to USA, your Baby will get H4 visa stamped and will come to US with your wife and you are going to receive them at airport. Relax!!
That is pains ..
Or as I have all the documents can my wife and my kid get the visa ..
----- YES. YES, YES- prepare your self for buying the stuff for baby.
***Why did you sent your wife to India for delivery? You deprived your Baby for US Citizenship if the baby should have born in US baby automatically is US citizen. Baby is going to accuse you when reaches the age of 14-15 and is going to question you. Be ready with answers.
Good Luck!! [/B][/QUOTE]
 
one can go to consulate and other .. no . is it right

Thanks Ginnu, (Could you pls answer this ).....
So you mean to say .. My wife doesnot require Company B visa or i dont need to send her papers to Chennai consulate ..
I only need to send baby papers to Consulate .. So once she come here to usa .. she will come on Company A visa and get I-94 on the basis of Company B . But my Kid will get Company B Visa and I-94.so once my wife come here with in March 2004 . i will send her papers and mine to St.louis . to get revalidated ..
Is that correct ..
Here one more Question .. Do i need to have a 1-179 for my wife also when i am about to send to revalidate .
or just my 1-179 is enough for my wife also to get stamped ??

I just saw your advises in immigration help. And I think I need one from you ..
I was working with company A last year and got married and brought my wife to usa on Company A visa .. After coming to usa i was laid off and changed to company B. Company B sponsored my H1 B again and I got the papers. But I am still on company A visa which is still valid for March 2004. and my company B visa is and I-94 is valid till September 2005.
---- You are confusing Visa Stamp with H1B approval notice, I think you still have Visa stamp in your passport through company A and you are working with company B with valid H1B approval notice and extended I-94 till the validity of company B H1 transfer and you have H1 approval notice of company B and I-94 valid till September 2005 is that true?
 
So you mean to say.. My wife doesn’t require Company B visa or I don’t need to send her papers to Chennai consulate..

----- Your wife can enter the US with valid H4 visa stamped in her passport through company A
I only need to send baby papers to Consulate.. So once she come here to usa .. she will come on Company A visa and get I-94 on the basis of Company B .
--- She has to show the passport Visa AND your H1 approval notice at POE
But my Kid will get Company B Visa and I-94.
---- YES
so once my wife come here with in March 2004. I will send her papers and mine to St.louis . to get revalidated ..
---- Your Wife H4 visa is Only valid till 2004, if she gets I-94 valid till your H1 approval date then you can send her PP for revalidation of H4 visa stamp
Is that correct ..
Here one more Question .. Do I need to have a 1-179 for my wife also when I am about to send to revalidate.
----- If she gets I-94 based on your H1 approval notice till September 2005 then she is on H4 status till 2005 or I-94 validity date and she does not need any I-179. If she gets I-94 till march 2004 ONLY then you have to file her H4 extension with BCIS form I-539and BCIS fees $140 and once she gets H4 extension she can send her passport for Visa revalidation (she should file H4 extension with BCIS before her I-94 expires)
or just my 1-179 is enough for my wife also to get stamped ??
--- read the above.

*** As your wife has to visit consulate for your Baby H4 visa, if she wishes she could also get her H4 visa stamped with company B name on it. It will solve the problem of revalidating her H4 visa in US or filling for H4 extension (if inexperienced officer at POE does not give her I-94 valid till your H1B approval notice). You are going to send your employer letter, certified copy of your H1b petition (form I-129+LCA) W-2, 3-4 recent pay stubs and your H1 approval notice. If I am in your situation I will get new H4 for wife and H4 for baby at the same time and both will have H4 visa stamped and no need to worry later for sending the passport for revalidation or H4 extension. You all will have the same I-94 validity that way.
 
great answer ..ThanQ

Great answer and ThanQ .. I will do my wife H4 also in Chennai consulate as you said .. But my worry is What if Consulate people ask for more and more documetation..As you know nowadays they are asking 1000+ documents .. which we cant give and ending up with 221(G)..In that case my wife and kid both will struck there in india it self ..
My plan is if i send only to kid .. If they dont give a visa to kid also no problem .. But my wife can come to usa and stay here for just 2 months and get visa validated here and she will go back to india can stay with kid ..
and at a latter time i can send all the documents to my kid and get the visa..
in this case me and my wife visas will be revalidated till sep2005.. so in this case for 3-4 months i might go to india or my wife come to usa ..
YOU know ginnu ..This is all becasue of the Consulate people .. I hate departing with family .. and i know all others also in the same boat.. What to do ..
your comments are highly appreciated ..


Originally posted by ginnu
So you mean to say.. My wife doesn’t require Company B visa or I don’t need to send her papers to Chennai consulate..

----- Your wife can enter the US with valid H4 visa stamped in her passport through company A
I only need to send baby papers to Consulate.. So once she come here to usa .. she will come on Company A visa and get I-94 on the basis of Company B .
--- She has to show the passport Visa AND your H1 approval notice at POE
But my Kid will get Company B Visa and I-94.
---- YES
so once my wife come here with in March 2004. I will send her papers and mine to St.louis . to get revalidated ..
---- Your Wife H4 visa is Only valid till 2004, if she gets I-94 valid till your H1 approval date then you can send her PP for revalidation of H4 visa stamp
Is that correct ..
Here one more Question .. Do I need to have a 1-179 for my wife also when I am about to send to revalidate.
----- If she gets I-94 based on your H1 approval notice till September 2005 then she is on H4 status till 2005 or I-94 validity date and she does not need any I-179. If she gets I-94 till march 2004 ONLY then you have to file her H4 extension with BCIS form I-539and BCIS fees $140 and once she gets H4 extension she can send her passport for Visa revalidation (she should file H4 extension with BCIS before her I-94 expires)
or just my 1-179 is enough for my wife also to get stamped ??
--- read the above.

*** As your wife has to visit consulate for your Baby H4 visa, if she wishes she could also get her H4 visa stamped with company B name on it. It will solve the problem of revalidating her H4 visa in US or filling for H4 extension (if inexperienced officer at POE does not give her I-94 valid till your H1B approval notice). You are going to send your employer letter, certified copy of your H1b petition (form I-129+LCA) W-2, 3-4 recent pay stubs and your H1 approval notice. If I am in your situation I will get new H4 for wife and H4 for baby at the same time and both will have H4 visa stamped and no need to worry later for sending the passport for revalidation or H4 extension. You all will have the same I-94 validity that way.
Click to expand...
 
I will do my wife H4 also in Chennai consulate as you said .. But my worry is What if Consulate people ask for more and more documetation..As you know nowadays they are asking 1000+ documents .. which we cant give and ending up with 221(G)..In that case my wife and kid both will struck there in india it self ..

------ Your wife and kid case is different than others; the visa officer will know that if your wife wanted to go to US she had H4 stamped. I don’t see any problem in your wife or baby case. Do what ever you feel better as it is your personal matter and choice

My plan is if i send only to kid .. If they dont give a visa to kid also no problem .. But my wife can come to usa and stay here for just 2 months and get visa validated here and she will go back to india can stay with kid ..
and at a latter time i can send all the documents to my kid and get the visa..
in this case me and my wife visas will be revalidated till sep2005.. so in this case for 3-4 months i might go to india or my wife come to usa ..
YOU know ginnu ..This is all becasue of the Consulate people ..

---- SORRY, this is NOT because of the consulate people this is because of the people who submitted Fake education degree certificates and fake experience letters to get H1B in the past from South India and committed fraud to get H1B visa. why Delhi, Kalcutta or Bombay consulate don’t ask truck load of documents?
 
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