H4 Stamping Issues - (Same person has an approved H1 petition from 2007 H1 quota)

[way_to_gc]

If a person(my wife) has an approved H1 petition thru' an indian software firm, would there be an issue if this person goes for an H4 stamping in India?

Note: This person has an approved H1 petition, but NO visa stamping for this H1 on her passport.
(We need to do this as the software firm cannot send this person for H1 visa stamping for the next 6 months.)

1. Is there a way the visa officer at the consulate will know that my wife has an approved H1 petition when she goes for H4 stamping ?

2. Is there a possibility that H4 is denied due to the approved H1 petition my wife currently has ?

3. If the H4 visa gets approved, will it VOID or Cancel her approved H1 petition?

Thanks,
-M

 

[ginnu]

If a person(my wife) has an approved H1 petition thru' an indian software firm, would there be an issue if this person goes for an H4 stamping in India?

Note: This person has an approved H1 petition, but NO visa stamping for this H1 on her passport.
(We need to do this as the software firm cannot send this person for H1 visa stamping for the next 6 months.)

1. Is there a way the visa officer at the consulate will know that my wife has an approved H1 petition when she goes for H4 stamping ?
------yes, they can check with name, DOB
2. Is there a possibility that H4 is denied due to the approved H1 petition my wife currently has ?
----- read below need more info
3. If the H4 visa gets approved, will it VOID or Cancel her approved H1 petition?
---------- H4 visa stamp does not void H1 petition, but if she enters US on H4 then she cant work on H4 to work she need to enter US with H1 visa stamp and on H1 status
Thanks,
-M

is she in US on H4? if yes
was her H1 filed by employer/lawyer Change of status from H4 to H1?
did she got I-94 attached with H1 approval notice
if she is in India and has got H1 approval notice from US employer and want to get H4 based on your H1 status then she CAN get H4 visa stamp even if she has H1 approval notice

 

[way_to_gc]

Thanks for your reply and suggestion...

Yes, She is in India and has never travelled to US till date.
She has a valid and approved H1 petition from her indian employer...This H1 petition was filed on May 20, 2006.

Now, we are trying to file for an H4 visa appointment on Dec 1, 2006 as the employer is planning to setup an H1 visa appointment only in Jun, 2007.

 

[ginnu]

Thanks for your reply and suggestion...

Yes, She is in India and has never travelled to US till date.

She has a valid and approved H1 petition from her indian employer...
------------H1 petition is filed by US employer not "indian employer"
This H1 petition was filed on May 20, 2006.
---------- it is up to her to go for H1 visa stamp or not and no problem for H4 visa stamp based on your H1 status. if she entres on H4 she will not be able to work.
Now, we are trying to file for an H4 visa appointment on Dec 1, 2006 as the employer is planning to setup an H1 visa appointment only in Jun, 2007.
---------- if the employer is saying go for H1 visa stamp in june it simply means at this time he has no job for her.
** get H4 and come to US