H4 visa restamping and stay in India for more than 6 months

[Nishvik]

Hello Folks,

Ok so let me give you the whole scenario...I came to US in june 2010 on H4 visa with my husband just after marriage ..Everything went merrily for couple of months bt then suddenly I cudnt find luck in getting job here n its very difficult fight i believe for H4

So have taken this drastic step of going back India away from my husband and see If i can work in India n manage to stay apart If the hing doesnt work out will cm back to US with my husband

But the thing is my visa on passport is expired and need to get it restamped.

I will be going India in June 2011...

So my question is

1) will there be any issues of visa getting restamped..I will do the visa work as soon as i am in India

2)If my visa gets stamped can I go back USA after more than 6 months ?? are there any issues

Please Please folks help me wih this ...Any sort of help will be really really appreciated

Thanks in Advance

Nishvik

 

[ginnu]

Hello Folks,

Ok so let me give you the whole scenario...I came to US in june 2010 on H4 visa with my husband just after marriage ..Everything went merrily for couple of months bt then suddenly I cudnt find luck in getting job here n its very difficult fight i believe for H4
------You Cant work in US on H4
So have taken this drastic step of going back India away from my husband and see If i can work in India n manage to stay apart If the hing doesnt work out will cm back to US with my husband

But the thing is my visa on passport is expired and need to get it restamped.
------- If the Visa stamp is expired did you file H4 extension in US and get H4 extension approval notice? If your I-94 is valid then you are on H4 status if your I-94 is expired then you are staying illegally in US. if your stay is illegal more then 180 days then you may not get H4 visa stamp. I dont know full detals of your case and you have not posted Validity of your I-94

I will be going India in June 2011...

So my question is

1) will there be any issues of visa getting restamped..I will do the visa work as soon as i am in India
---Read above
2)If my visa gets stamped can I go back USA after more than 6 months ?? are there any issues
----- If you get H4 visa stamp and your spouse is on H1 status then you can come to US. You can stay out of US and no rule that spouse must get H4 visa and must come to US. It is your choice to come on H4 or not to come to US.
Please Please folks help me wih this ...Any sort of help will be really really appreciated

Thanks in Advance

Nishvik

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[Nishvik]

Hey Thanx Ginnu for replying back to my query ...

Ok so about your answer of not working on H4----> I was trying to apply for jobs wherein I can get sponsorship because as per my education I am U.S bachelor equivalent so I thought whats the harm in applying for jobs...I did get sm calls bt they were not currently sponsoring for H1 :-(

about the Visa extension---->Yes we got our extension papers both of me n my husband till 2013...

Actually I heard from some ppl tht you cnt stay in India for more than 6 months and all so just wanted to clarify myself..So thanks for your prompt reply

Also had few more queries if you are aware about those issues :-?

1)Can I get my H4 restamping in India in June 2011 when my husband will be in U.S.A because he cant cm to India as he has job here???

2) If you can give me the important documents that I will need for my H4 restamping in India ..So that I can make arrangements right away tilll the time im in USA

3) Also are there any issues of H4 restamping now a days as I ve heard they have become pretty strict,I know H1 restamping is risky but H4 I am doubtful???

Really appreciate your Help

Nishvik

 

[ginnu]

Hey Thanx Ginnu for replying back to my query ...

Ok so about your answer of not working on H4----> I was trying to apply for jobs wherein I can get sponsorship because as per my education I am U.S bachelor equivalent so I thought whats the harm in applying for jobs...I did get sm calls bt they were not currently sponsoring for H1 :-(

about the Visa extension---->Yes we got our extension papers both of me n my husband till 2013...
------ if you got H4 extension with I-94 attached and valid till 2013 then you are on valid H4 status

Actually I heard from some ppl tht you cnt stay in India for more than 6 months and all so just wanted to clarify myself..So thanks for your prompt reply
-----------------those who said that 4visa holder cant stay in India more than 6 months they gave you totally wrong info and stay away from them. To stay in India you dont need H4 Visa if you are Indian citizen H4 is for US.

Also had few more queries if you are aware about those issues :-?

1)Can I get my H4 restamping in India in June 2011 when my husband will be in U.S.A because he cant cm to India as he has job here???
-----Yes you CAN. FYI Mumbai consulate has stoped H1 or H4 visa stamping for sometime as the US consulate is Moving to different location in Bandra west Mumbai in 2-3 months and one can get H1 or H4 visa stamp through any other US consulate in India.
2) If you can give me the important documents that I will need for my H4 restamping in India ..So that I can make arrangements right away tilll the time im in USA
----- you read the required document from the consulaste site where you will go for Visa stamping. You will need Copy of your spouse H1 status, His H1 approval notice, copy of his latest Pay stubs, Copy of his I-129 Petition (lawyer who filed his H1 ext need to certify that), His employer letter, copy of his I-94(front and back). you can search in Visa stamping thread. your H4 approval notice and provide what is asked, Pay the fees, fill up the form and submit to VFS

3) Also are there any issues of H4 restamping now a days as I ve heard they have become pretty strict,I know H1 restamping is risky but H4 I am doubtful???
----------- You are correct. They check if your spouse is being paid and employer has not kept him on Bench and can ask any document from His employer

Really appreciate your Help

Nishvik

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