H4 visa Stamping!!!!URGENT

J

jimmy44

Registered Users (C)
I will go for H4 stamping in coming few days but I have some question regarding my case as under

My wife was went to USA on F1 on jan-2009 and she got her H1 on same year in oct-2009 for Company A but after 2 month she transferred her H1 for company B in dec-2009 because company A was not gave any job position to my wife (for month October and November) and then my wife find a new company and she transferred her H1 to company B.

So My Question is
1) My wife did not get any Salary or paystub from Company A during that 2 month so is there any problem during when I go H4 stamping? (for current company she has regular paystub).
2) What should I say to VO if they asking for the 2 month job in company A or paystub or IT retunes etc.
3) Is that my wife out of status because of not working for 2 month?
4) My wife passport has no H1 stamp (she has official I-797,I-129) is there any problem or during H4 stamping?

I have lot of confusion about all questions so please do needful if anyone having good knowledge about this matter.

Thank you,
 
jimmy44 said:
I will go for H4 stamping in coming few days but I have some question regarding my case as under

My wife was went to USA on F1 on jan-2009 and she got her H1 on same year in oct-2009 for Company A but after 2 month she transferred her H1 for company B in dec-2009 because company A was not gave any job position to my wife (for month October and November) and then my wife find a new company and she transferred her H1 to company B.

So My Question is
1) My wife did not get any Salary or paystub from Company A during that 2 month so is there any problem during when I go H4 stamping? (for current company she has regular paystub).
------ She was supposed to get Salary or paystub from Company A if she worked with A. She can file complaint against the Employer with DOL to recover her wages and you can take the copy of Complaint letter sent by your spouse to DOL. show the copy if asked.
2) What should I say to VO if they asking for the 2 month job in company A or paystub or IT retunes etc.
-------Tell the truth and give the Comampy/employer name.
3) Is that my wife out of status because of not working for 2 month?
-----Yes she was.
4) My wife passport has no H1 stamp (she has official I-797,I-129) is there any problem or during H4 stamping?
-----------------If she has H1 transfer approval with I-94 attached that is enough . Visa stamp is for entry to US.
I have lot of confusion about all questions
-----you can go to good lawyer with all your documents and spouse documents and can clear your confusion.
so please do needful if anyone having good knowledge about this matter.
-
Thank you,
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Last edited by a moderator:
jimmy44 said:
I will go for H4 stamping in coming few days but I have some question regarding my case as under

My wife was went to USA on F1 on jan-2009 and she got her H1 on same year in oct-2009 for Company A but after 2 month she transferred her H1 for company B in dec-2009 because company A was not gave any job position to my wife (for month October and November) and then my wife find a new company and she transferred her H1 to company B.

So My Question is
1) My wife did not get any Salary or paystub from Company A during that 2 month so is there any problem during when I go H4 stamping? (for current company she has regular paystub).
2) What should I say to VO if they asking for the 2 month job in company A or paystub or IT retunes etc.
3) Is that my wife out of status because of not working for 2 month?
4) My wife passport has no H1 stamp (she has official I-797,I-129) is there any problem or during H4 stamping?

I have lot of confusion about all questions so please do needful if anyone having good knowledge about this matter.

Thank you,
Click to expand...
Thank you very much ginnu for giving such quick response.

During her H1 transfer the queries was arrived about the paystub from company A but my wife received a living expenses during that 2 month so we showed cheque copy to the USCIS and her H1 approved for company B, we ask to lawyer or accountant for the about 2 month(@company A) they told us during that 2 month u can show the self employed....so is it possible show self employed during that 2 month in front of VO during the interview?
 
Last edited by a moderator:
Thank you very much ginnu for giving such quick response.

During her H1 transfer the queries was arrived about the paystub from company A but my wife received a living expenses during that 2 month so we showed cheque copy to the USCIS and her H1 approved for company B, we ask to lawyer or accountant for the about 2 month(@company A) they told us during that 2 month u can show the self employed....so is it possible show self employed during that 2 month in front of VO during the interview?
 
jimmy44 said:
Thank you very much ginnu for giving such quick response.

During her H1 transfer the queries was arrived about the paystub from company A but my wife received a living expenses during that 2 month so we showed cheque copy to the USCIS and her H1 approved for company B, we ask to lawyer or accountant for the about 2 month(@company A) they told us during that 2 month u can show the self employed....so is it possible show self employed during that 2 month in front of VO during the interview?
-------------------what lawyer or accountant said is WRONG if one is on H1 one cant be self employed? H1 is filed by US employer and approved for work with that employer and employer Must pay. One cannot be self employed on H1 status.

*** Why do you think Visa officer will ask about her past 2 months?
Visa officer will go according to her Present H1 status. If USCIS has approved her H1 transfer for new employer it means according to USCIS she was on H1 status and they approved her H1 transfer. I dont think Visa officer is going to ask for those 2 months.
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Thanks for the reply.
Ya you are right i m also think that self employed is not proper idea.

your another question is aslo very true why they ask for the previous employer but i lil bit afraid that if VO ask for that what should answer i have to give that precaustion i have to take care. so do you think so we can say that personal leave we taken? or anyother suggestion you have because we cant file the case againest the Employer A becasue in that case we also in problem. so i find the another solution.
 
jimmy44 said:
Thanks for the reply.
Ya you are right i m also think that self employed is not proper idea.

your another question is aslo very true why they ask for the previous employer but i lil bit afraid that if VO ask for that what should answer i have to give that precaustion i have to take care. so do you think so we can say that personal leave we taken?
-------one can take the personal leave
or anyother suggestion you have because we cant file the case againest the Employer A becasue in that case we also in problem. so i find the another solution.
Click to expand...

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Quit trying to find the best lie to tell. Tell the truth; if you don't get the visa, it will be because your spouse violated US laws. It is any guest's responsibility to meet the requirements of their visa status at all times. When they do not, some violations are considered to be insignificant, others indicate the guest is a poor candidate for admission.
 
Hi,
I need your help . My husband is on H1B visa and I am on H4. We just have got extension for another 3 years and our H1 is valid till 2012. We have not applied for GC yet. I am just blessed with baby boy and want to travel to India. If I go to India , I need to restamp by visa because of new 3 years' extension approval. Current visa expired on Sep 2009. My husband is buzy and he can not travel, so I have to go alone with my son. I have heard a lot of things on different forums, internet, and through my husband's colleagues that these days USICS / Border Immigration people are very strict and they issue a lot of REF and lot of documents. I have to go alone for H4 Visa stamping, and I am scared that they will issue me an REF or ask for thousand of documents. Please suggest me what to do. My hubby works for the same consultant and for the same client from the past 4 years. I don't know if it is the right time to travel to India and get restamping for H4 visa. Is it possible that they will reject my visa or will they issue any RFE??? ..or what else can be happen. Please share your experinece..I am really scrared!!!!
 
Stop worrying about rumors. Problems are occurring for people with questionable credentials. If you have legitimate documentation of your husband's job, you will be fine.
 
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