H4 stamping while H1 Transfer is pending

P

pstvak

Registered Users (C)
Jaxen please comment, H4 stamping while H1 Transfer is pending

HI,

I have my previous company visa valid until Oct2004. I changed company 4 months back and my H1 transfer is pending. I have few questions about portability.

1) Can I get H4 using the portability. i.e. Can I use my previous company visa and show the supported documents of my present company such as paystubs, employment letter, h1 receipt notice etc. I also want to know that how much risk is involved in this scenario.

Also do we need the originals of the above documenst or fax/photocopies are enough?

2) What is the risk involved at the POE.

jaxen, you are comments are appreciated.

thanks
 
Last edited by a moderator:
A little unclear

I am not sure of the question. Are you attempting a h4 stamping in US consulate?
Then No, you cannot get a H4 stamp based on this scenario.

However if the dependent can use portability if a H4 transfer 9I539) is also pending along with the H1 transfer.
In my opinion, the dependent should be able to enter with old stamp (expired/unexpired) and new receipt notice.

There are other opinions in this forum where some argue that the dependent can enter with old company's h4 visa- unexpired and then a H4 extension can be filed later. Seems logical, but since I do not have a proven case which has lasted till GC approval I am hesitant to back this view.
 
Jaxen, I appreciate your comment.

Yes, I want new H4 stamping at US consulate in chennai.

but the following link say that we can:
http://murthy.com/arc_uds/UDh4vis.html

I contacted a lawyer, he says I can.

I am confused now, because I beleive so much in this forum and gurus like you.


thanks
 
The link you provide is for people who are in AP and H1. Do you have a adjustment of status (i.e. green card final stage) pending?
 
Ohh god

you are right about the link.

I am not at the final stage of GC.

But what about the lawyer? He looked at my passport and my documents. He said that it wont be a problem at all.

thank u so much for your comments.
 
hI

Hi,
Did you get a answer to this.I am in exactly same position as yours.I too contacted a lawyer and the lawyer seems fine as in your case but there are conflicting opinions and I guess its too much of a risk.
Can somebody answer what is the level of risk involved .If thats too much,should we go for premeium processing?
 
After spending $250 and speaking with 3 lawyers, I went for premium processing. Last week I applied for premium.
 
Did u r lawyer also told that there will be no problem in using previous company's H1 to get a new H4?


thanks
 
Hi,
I consulted 2 lawyers and both of them said I was fine with getting a new H4 with my old H1.
Thanks
 
You must log in or register to reply here.
Top