H4 problem

T

thotanaveen

Registered Users (C)
Hi,

My wife has valid H4 stamping up to 2005 and in the mean time she change her last name and got new passport. Now she is travelling to US.. she has H4 stamping on her old passport (both old and new passports are with her). she change her last name legally also..

My questions now are

(1) she is going to carry two passports. what passport does she show to INS at port of entry for I94 and etc . what passport does the people in India ask?

(2) what name does she need to use (changed name or previous name).

(3) Does INS asks any questions why she did not go for stamping on new passport..

any other issues pls let me know what she should do.. It will help me in making her prepared..

Thank you
 
1)Give the new passport at poe, they will ask about the visa, then give the old one.

2) use the latest name, and in the 'other names' column, use the old one.

3)no, ins will not ask for the stamping in the new passport.

There should not be any problems.

Meow
 
She should keep both the passports attached in future and should give both the passports attached at POE
 
H-4 complication

Hi ,

I am currently on a H-1b visa and will be going to India next week (Delhi consulate) to change over to a H-4. My husband is on H-1 and has been in proper status all along. My problem stems back to two years back when I got married and moved to the US. I applied for and got my visitor's visa on 4th april, 2001. I subsequently got married on 7th april 2001 because our lawyer told us that I could get a B1 visa and enter the country & change over. My husband at that time also had a H1 visa but it had gone for extension and got approved on 6th april.

I entered the country on 2nd May,2001 and then after a month when we went to another lawyer to change over to H-4, they said that I had done something very wrong as it could be interpreted as "wrongful intent" as I had gotten married on 7th april, 4 days after getting B1 as single person.( which was technically correct)

So I applied for and got a 6 month ext on 26th Oct,2001 and before that was over, I got a job and filed for H1 in Jan 2002.which was approved in April 2002. I am working till now on that job but have now gotten admission in MBA which I have to attend full time. Therefore I have to change over to H4 or F1. F1 is not an option as both of our employers have filed gc's for us.

Do you think this episode will cause any problem in getting H4 even though I have always been in status and have all valid documentation required.

Has anyone recently gotten H4 from Delhi ? How strict are they ?
 
"So I applied for and got a 6 month ext on 26th Oct,2001 and before that was over, I got a job and filed for H1 in Jan 2002.which was approved in April 2002. I am working till now on that job but have now gotten admission in MBA, which I have to attend full time. Therefore I have to change over to H4 or F1. F1 is not an option as both of our employers have filed gc's for us."

------ Delhi may give hard time for F1, if I am in your situation I will not go for F1, don’t know at what stage is your GC process (your husband and for you) if you don’t want to work on H1 then better change your status from H1 to H4 in US by sending form I-539 and pay the fees$ 140 to BCIS, attach your current H1 Approval notice, your valid I-94, your spouse valid H1 notice and his I-94 and request for change of status, You should not leave US when COS is filed with BCIS till you get approval ( if you go out while COS is still pending it will be abandoned)

Do you think this episode will cause any problem in getting H4 even though I have always been in status and have all valid documentation required?
--- I hope you may get H4 change of status

has anyone recently gotten H4 from Delhi? How strict are they?
---- Better get H1 to H4 status in US you will get new I-94 based on your Spouse H1 validity, when you visit India then you can get H4 visa stamp from Delhi in your passport based on your spouse H1 .
 
Actually, my problem is that I have to leave for Delhi as my father is sick. I have also decided that a F-1 will not be a good idea so I have decided to apply for H4 in Delhi and come back in time to start classes in Aug. My main concern is whether:

1) they will question as to why I went to the US on a B1 after getting married when my husband was there on H1. Do you think that could come up or do you think they'll not go that far back ?

2) And why did I then extend my B1 fr another 6 months. I'm planning to tell them that since things for our marriage happened quicklyand I already had a B1, we both wanted to see how things went and decide whether we wanted to stay on or return to India which is also a fact. But I don't know how they will take it there.
 
Actually, my problem is that I have to leave for Delhi as my father is sick. I have also decided that a F-1 will not be a good idea so I have decided to apply for H4 in Delhi and come back in time to start classes in Aug. My main concern is whether:

1) they will question as to why I went to the US on a B1 after getting married when my husband was there on H1. Do you think that could come up or do you think they'll not go that far back?
---- 50/50 chances, ask the lawyer before going and be prepared for answers if they ask, they can check every info about you in BCIS computers

2) and why did I then extend my B1 for another 6 months. I'm planning to tell them that since things for our marriage happened quickly and I already had a B1, we both wanted to see how things went and decide whether we wanted to stay on or return to India, which is also a fact. But I don't know how they will take it there.
----- Nobody knows how they will take it, better explain your situation to a good lawyer, he/she may give you a letter for your eligibility to get H4 Visa as the lawyer will cite the law on letter
 
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