H4 Situation Jim Please help.....

S

sp29201

Registered Users (C)
Please Help Us in this situation
I have a H1 visa from Company A, my wife got H4 visa based on my H1 visa from Company A.
She first came to US in April 2000.she got a I94( example:111111).
She went to India and got another I94 in Sep\'2000 (example:222222).
we applied for a H1 visa for her and she got the approval in December 2000 (which has a I 94
same as the first I94 111111).Because of the bad economy,the company which sponsered her H1
couldn\'t place her in a project.They did not pay anything after the H1 is approved
She has a valid H4 stamp in her passport valid till 12/2002 and a I94 222222.

Meanwhile i transffered to a different company B in March 2001 (still have the visa stamp in
passport from company A which is valid till 12/2002)

Now we want to change her from H1 to H4.we don\'t know if she is on H1 or H4 because H1 extended
the first I94(111111) not the 222222.
if i am sending my passport with H1 approval from company B for re stamping to St.Louis can
i send her passport( which is having a H4 stamp from company A) along with my passport?
is she on H1 or H4?
if we did send both the passports what are the anticipated problems?
Please kindy help us
 
Go to India and get H4

My wife was in the same situation, so she went to India and applied for H4.I suggest, you do the same.
 
My thoughts on this..........

As her H1 approval is latest , she is on H1 status now.

About sending her passport for H4 stamping in another matter, According to your message there is no H4 approval for your Wife from Company B. So you cannot send her passport for H4 revalidation. You cannot send for H4 stamping based on your H1( check with attorney). It is not necessary H4 to be in sync with H1 , but the case here is she is on H1 now completely on her own now, she is not dependant. Better apply for H4 now based on your company B H1, I am not sure how it is treated because she is on H1 for long time and according to your message she is not working.
The best option would be as one of our friend suggested go to home country and have your wife H4 stamped based on your H1.

Please act according your attorney advice. Update us how it went
best of luck
 
ov

I think it\'s too dangerous for her to go to India. Technically, she is out of status (as soon as employment ceases, so does the H1 visa, per recent notice from INS). Try to apply for change of status with INS from H1 to H4 without leaving the country. The bottom line is we are not experts, it is too serious to toy with, consult the attorney. I suggest check the following website www.usvisanews.com, great website, attorneys will answer your questions for free or you can find info on a similar case.
 
Thnaks all for your response\'s-- but some more questions..

Raj1999:-
Raj thanks for the suggestion.Can you explain your wife situation and the time frames when you visited india and also any details you want to share.
My question is if i go to india or mexico ,can i and my wife get a new stamp on my passport ( company B ) and then come back on the company B\'s Visa stamp in passport.Can we go to Canada or Mexico???
Raj did you try those options?

gcneed:-
thanks again for your reply.
But her H1 is approved and extended the first I-94( 111111 ) and also i heard from a friend that his wife came to US on his Company A\'s visa and he transferred to B ( his wife still on A\'s H4 ) and after joining B when they are going out of US for a trip they send it to St.Louis for revalidation and there were no problems.

Jim M:-
thanks Jim, can we go to Mexico or canada?whats ur advice?

OV:-
thanks OV.
 
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