H4 stamping possiblity in chennai??? Please Help???

mypeace

New Member
Hi Gurus,
My wife is planning to for H4 stamping in chennai. She came here in Nov. 2000 on H4. Then converted to H1 in Oct. 2004, but never worked on H1, and has no pay stubs or any pay statements. Her H1 expired on Jan. 1, 2007. She is leaving US in June 2nd week, hoping to get H4 stamping in chennai.

Please guide me what documents chennai consulate might ask for other then our marriage cert., my H1 B approval, W-2s? Kindly suggest what are her chances of getting H4 stamped in chennai?

ANY SUGGESTIONS/GUIDANCE WILL BE GREATLY APPRECIATED!!
 
Was your wife on H-1B without ever working from Oct 2004 to Jan 2007? I hope that does not cause an issue at her consulate interview. So in Jan 2007, did she COS from H-1B back to H4?
 
applied for COS, and withdrawing application

Dear Ghori,
Thank you for your quick response. Yes, unfortunately my wife was on H-1B without ever working from Oct 2004 to Jan 2007? I did not realize it would turn out to be a big blunder, as I was under impression that converting to H4 would not pose a problem.
We applied for COS in 2nd week of Jan. 07, and recd. query from INS asking for her pay sutbs while on H1. We have time until June 13 to respond to the query. We are planning to withdraw the COS application saying she left the country, as soon as she leaves in 1st week of June.

Please let me know if you have any further suggestions.

Again, thank you so much!!
 
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To me this situation does not sound comfortable. Since her COS is still in the works, I think the consulate would also look to verify the time period when she was on H-1B status. I hope I am wrong, but it seems that the 27 months she spent on H-1B without ever working may come back to haunt her. You may want to talk to an attorney about this. One question that comes to my mind, if she wasn't working, why didn't she COS back to H4 much sooner?
 
I actually consulted Mr. Rajiv Khanna. He said the best thing would be go to India and get H4 stamping, since INS might not consider her H4 approval here. Please advise if there could be any other option for me.

Thank you very much!
 
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