H4 visa revalidation w/o I-797 approval notice?

R

rucshaca

Registered Users (C)
Hi, Iam confused if somebody can please help me with this.

Based on my husband's H1-B I-797 approval notice, can I go to Canada and get myself H4 US visa revalidation stamped on the passport too ?

My husband's employer filed H1-B in premium processing, my husband got his H1-B I-797 approval notice but my I-797 approval notice was lost in mail.

My husband's emoployer is saying we can still go to Canada and get H4 stamped along with my husband's H1-B US visa revalidation.

is it possible to get my H4 stamped without my approval notice (lost in mail)?

USCIS recommending us filing a duplicate which will take another 2-3 months from now. My husband and I have an appoitment already booked in Ottwa this month.

Note: We are Permanent Residents of Canada but residing in USA. Iam in USA for the last 4 years (my husband is on his 7th year extension). We are from India.

Thanks a lot.
 
H4 Revalidation

Iam confused if somebody can please help me with this.

Based on my husband's H1-B I-797 approval notice, can I go to Canada and get myself H4 US visa revalidation stamped on the passport too ?

My husband's employer filed H1-B in premium processing, my husband got his H1-B I-797 approval notice but my I-797 approval notice was lost in mail.

My husband's emoployer is saying we can still go to Canada and get H4 stamped along with my husband's H1-B US visa revalidation.

is it possible to get my H4 stamped without my approval notice (lost in mail)?

USCIS recommending us filing a duplicate which will take another 2-3 months from now. My husband and I have an appoitment already booked in Ottwa this month.

Note: We are Permanent Residents of Canada but resiHding in USA. Iam in USA for the last 4 years (my husband is on his 7th year extension). We are from India.

Hi,

---- Yes, you can get your H4 visa stamped on your passport with I-797 of your husband. As your husband is in the 7th year of extension, he may have to show that he has applied for GC.

For further questions visit the forum

Subramanya
 
---- Yes, you can get your H4 visa stamped on your passport with I-797 of your husband. As your husband is in the 7th year of extension,

he may have to show that he has applied for GC.
------------- why he MAY have to show he has applied for GC?????? H1 has nothing to do with GC filing or not filing

Subramanya[/QUOTE]
 
rucshaca said:
Hi, Iam confused if somebody can please help me with this.

Based on my husband's H1-B I-797 approval notice, can I go to Canada and get myself H4 US visa revalidation stamped on the passport too ?
--------Yes
My husband's employer filed H1-B in premium processing, my husband got his H1-B I-797 approval notice but my I-797 approval notice was lost in mail.

My husband's emoployer is saying we can still go to Canada and get H4 stamped along with my husband's H1-B US visa revalidation.
------------- you can do that
is it possible to get my H4 stamped without my approval notice (lost in mail)?
---------- take the H4 extension filing reciept with you show only if asked
USCIS recommending us filing a duplicate which will take another 2-3 months from now. My husband and I have an appoitment already booked in Ottwa this month.

Note: We are Permanent Residents of Canada but residing in USA. Iam in USA for the last 4 years (my husband is on his 7th year extension). We are from India.
------------- if you have not stayed in Canada 2 years in last 5 years you may not be PR of Canada and when you enter Canada you will be asked when did you left Canada
Thanks a lot.
Click to expand...
 
Yes, you can get your H4 visa stamped on your passport with I-797 of your husband. As your husband is in the 7th year of extension,

he may have to show that he has applied for GC.
------------- why he MAY have to show he has applied for GC?????? H1 has nothing to do with GC filing or not filing

It is just the experience of some people and expectation of a few VOs and It is not as a general rule, nor is it written anwhere. Understood that H1 has nothing to do with GC

Subramanya
 
interesting ....

thanks for your replies.... it gave me some hope now.

quick question:
1) if H4 visa can be stamped on my passport w/o H4 I-797 approval notice (and with just my husband's H1 Approval notice), then why did my husband's employer filed my H4 in the first place ?

there may be a definite reason for filing H4s?

fyi -- my husband has got 7th year extension based on the labor petition pending older than 365 days.
 
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thanks for your replies.... it gave me some hope now.

quick question:
1) if H4 visa can be stamped on my passport w/o H4 I-797 approval notice (and with just my husband's H1 Approval notice), then why did my husband's employer filed my H4 in the first place ?

there may be a definite reason for filing H4s?

---- Yes , the reason is that H4 is a dependent visa and it expires on the day the H1 (principal applicant) I-797 expires. In order for you to be in status and be is the US you will get your H4. You are lucky that your husband's company is applying for your H4. Not many do it, in which case you have to do it on your own.

fyi -- my husband has got 7th year extension based on the labor petition pending older than 365 days.

---- Yes, 7th year extension is only given based on the condition that your labor certification should be pending

Subramanya
 
Actaully, I was asking why did a company file H4 when just an H1-B is OK to get both H1 and H4 re-validated on the passports ?


1) One reason that i think is that even if the visas are not re-validated on the passports, if you have a valid H4 I-797 approval notice, you can just show H4 approval notice to get DMV license renewed. Otherwise, if you just have H1 approval notice, you have to get it stamped in order to get the DMV license renewed.

2) H4 becomes a entity in it's own and if an approval notice is shown, showing H1 is no longer a dependancy for H4.

etc etc ....

Hope I have asked my question properly ?
 
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Actaully, I was asking why did a company file H4 when just an H1-B is OK to get both H1 and H4 re-validated on the passports ?

---- That is because the company may not know if you going to stay put in the US or visit other countries for business, pleasure etc. and they do not want to see an employer's spouse to be out of status for not having the relevant visa stamp or approval notices like H4.

1) One reason that i think is that even if the visas are not re-validated on the passports, if you have a valid H4 I-797 approval notice, you can just show H4 approval notice to get DMV license renewed. Otherwise, if you just have H1 approval notice, you have to get it stamped in order to get the DMV license renewed.

---- Yes you are right

2) H4 becomes a entity in it's own and if an approval notice is shown, showing H1 is no longer a dependancy for H4.

---- If you had a H4 visa stamped earlier on your passport it will give the name and type of visa of the principal applicant. If you do not have one as of now, try and see a friends H4 visa stamp. Else, you can see that when you get your H4 stamp

Subramanya
 
rucshaca said:
thanks for your replies.... it gave me some hope now.

quick question:
1) if H4 visa can be stamped on my passport w/o H4 I-797 approval notice (and with just my husband's H1 Approval notice), then why did my husband's employer filed my H4 in the first place ?there may be a definite reason for filing H4s?

------------ your spouse employer/lawyer has not filed YOUR H1 extension(do you remember YOU signed form I-539?) it was requested by your spouse to extend your H4 with his H1 extension so that you both get status extended and H1 and H4 extension was supposed to be filed BEFORE your I-94 expired. if your H4 extension was not filed on time and your I-94 expires then you will not be on H4 status. if only your spouse H1 was filed only he will get H1 extension not YOU. They filed H4 extension so that you maintain H4 staus while your spouse maintain H1 extension and both get I-94 extended with H1 and H4 approval notice.
If you had been out of US then H4 extension filing for you was not needed, you could have got H4 visa stamp based on H1 holder H1 approval. when spouse first time enter you get H4 based on your spouse H1 approval and you know that you got H4 stamp first time based on H1 of your spouse
Click to expand...
 
Thanks for your replies. They are helpful.

May i ask you another question?

If Iam inside USA, and say I apply for H1-B from H4 on April/01/2007 .....can i start working after i get the receipt notice or do i need to wait till Oct/2007 to start working ?

My husband's employer says that if a person is inside USA, and move his visa status from H4 to H1, he/she can start working right away after getting receipt notice. Is it true ?
 
rucshaca said:
Actaully, I was asking why did a company file H4 when just an H1-B is OK to get both H1 and H4 re-validated on the passports ?
-------------- Becase you were staying in US on H4 and your I-94 was going to expire they filed H4 extension so that your I-94 also gets extended . if you were not in US on H4 then H4 extension filing was not needed

1) One reason that i think is that even if the visas are not re-validated on the passports, if you have a valid H4 I-797 approval notice, you can just show H4 approval notice to get DMV license renewed. Otherwise, if you just have H1 approval notice, you have to get it stamped in order to get the DMV license renewed.
----------------- Visa stamp is only for Entry to US, it is I-94 that has your status and validity of your status in US. DMV will give DL till I-94 expiry date only
Click to expand...
 
rucshaca said:
Thanks for your replies. They are helpful.

May i ask you another question?

If Iam inside USA, and say I apply for H1-B from H4 on April/01/2007 .....can i start working after i get the receipt notice or do i need to wait till Oct/2007 to start working ?
------if you are out of US then it will not be H4 to H1 change of status. it will be filed by employer as new H1 and once you get H1 approval notice then you need to get H1 visa stamp based on your H1 approval notice and enter US with H1 visa stamp and get I-94 based on H1 visa stamp. employer can file new H1 when USCIS accept new H1 filing. if you are in US then employer can file H4 to H1 Change of status and once Change of status is approved with new I-94 attached then you can start working in US with start date on H1 approval notice. if H4 to H1 Change of status is filed AND you go out of US while COS is pending then the COS will be abandoned

My husband's employer says that if a person is inside USA, and move his visa status from H4 to H1, he/she can start working right away after getting receipt notice. Is it true ?
-----------not true, one needs H1 approval notice with I-94 attached to work. ask your husband's employer what if you start working only with reciept notice and H4 to H1 COS gets denied??? It will be unauthorized work . never ask employer always go to good lawyer.
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ginnu,

I think now i have a clear picture. Your replies makes sensee. Thanks.

But iam confused with my original question now.

I was in USA when my H4 visa was filed this time (based on my husband's H1 7th year extension). Now, why do you think that US consulate in Canada will not ask for my H4 approval notice(I-797) while giving me my H4 stamp on the passport ?

The consulate officer can simply reject my H4 visa revalidation based on the fact that since i was in USA, why don't I have my H4 I-797 approval ?
 
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ginnu,
back on the second topic of H4 > H1.

If I file my H4 to H1 change of status in premium processing on April//01/2007. April/01/2007 is the date when the new H1 visas would be available next.

When can i start working then ...i mean under these circumstances, what would be my start date on H1 approval notice ?

Oct/2007 OR the next day after H1 approval date ?
 
rucshaca said:
ginnu,

I think now i have a clear picture. Your replies makes sensee. Thanks.

But iam confused with my original question now.

I was in USA when my H4 visa was filed (based on my husband's H1 7th year extension).
Now, why do you think that US consulate in Canada will not ask for my H4 approval notice(I-797) while giving me my H4 stamp on the passport ?
------------- if your I-94 is not expired while you go out of US then US consulate will not ask for H4 extension approval. if you filed H4 extension Before I-94 expiry date then just show the H4 extension filing reciept and they can check in the system that your H4 extension was approved. H4 Visa stamp is based on your spouse H1 status.
The consulate officer can simply reject my H4 visa revalidation based on the fact that since i was in USA, why don't I have my H4 I-797 approval ?
---------- read above and if asked let them know that your H4 extension was filed on time before I-94 expiry date( they will only ask if your I-94 expired Before you go out of US and you dont have H4 extension filing reciept).
just give you example: your H4 extension is filed and you go out of US before it gets approved. what will you do in this situation? you will get H4 visa stamp based on your spouse H1 Approval notice.

for more info go to your lawyer pay the fees and seek legal advice .
Click to expand...
 
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Did this work? Please reply!

rucshaca said:
Hi, Iam confused if somebody can please help me with this.

Based on my husband's H1-B I-797 approval notice, can I go to Canada and get myself H4 US visa revalidation stamped on the passport too ?

My husband's employer filed H1-B in premium processing, my husband got his H1-B I-797 approval notice but my I-797 approval notice was lost in mail.

My husband's emoployer is saying we can still go to Canada and get H4 stamped along with my husband's H1-B US visa revalidation.

is it possible to get my H4 stamped without my approval notice (lost in mail)?

USCIS recommending us filing a duplicate which will take another 2-3 months from now. My husband and I have an appoitment already booked in Ottwa this month.

Note: We are Permanent Residents of Canada but residing in USA. Iam in USA for the last 4 years (my husband is on his 7th year extension). We are from India.

Thanks a lot.
Click to expand...

We are in a similar situation. Wanted to know whether going to Canada helped? Were you able to get the H4 visa stamped?
 
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