Help - Need advice for H4 / AP ??

[star12]

Help - Need advice for following situation…

My cousin worked for company ‘A’ & ‘B’ & having valid H1 & H4 visa’s until Aug 2006… Also, from Company ‘B’ both H1 & H4 visas had been stamped on passport until Aug 2006….

Now my Cousin joined company ‘C’ and having a valid visa until Aug 2006… But does not filed H4 with company ‘C’ ….

Company ‘C’ filed I - 485 for both H1 & H4 candidates, but never filed for Advance Parole…

In brief: From Company ‘C’, H4 doesn’t have either AP or H4 applied.

Questions:
1)Can H4 travel to India on valid stamped visa that she is already having with Company ‘B’???
2)If not, what are the options? Which one is fastest? Applying H4 from company ‘C’?? or applying AP based on pending I -485 ?

Any suggestions will be greatly appreciated.

 

[ginnu]

Help - Need advice for following situation…

My cousin worked for company ‘A’ & ‘B’ & having valid H1 & H4 visa’s until Aug 2006… Also, from Company ‘B’ both H1 & H4 visas had been stamped on passport until Aug 2006….

----------------- how the same person can have H1 and H4 at the same time??
Now my Cousin joined company ‘C’ and having a valid visa until Aug 2006… But does not filed H4 with company ‘C’ ….
----------- if you mean that X was on comany A H1 and then comany B H1 and now joined company C with H1 trasfer and company C did not file for his/her spouse H4 with H1. if spouse H4 is valid or H4 person has I-94 till August 2006 then she/he is OK on H4
Company ‘C’ filed I - 485 for both H1 & H4 candidates, but never filed for Advance Parole…

--as company filed I-485 for H1 and H4 holder they are ok as AOS is pending. Employer dont need to file AP for them they have to file AP directly as EAD and AP are based on I-485 and I-485 does NOT belong to employer
In brief: From Company ‘C’, H4 doesn’t have either AP or H4 applied.
-------- H4 holder Can file H4 extension BEFORE I-94 expiry date(if spouse is on H1) but if H4 holder has I-94 valid till Aug 2006 then H4 extension should be filed BEFORE I-94 of H4 holder gets expired. it will be good back up to apply AP or EAD direcly
Questions:
1)Can H4 travel to India on valid stamped visa that she is already having with Company ‘B’???
------------ Yes if she has valid H4 visa stamp while enter US and at POE she needs to show new H1 approval notice of spouse and she will get I-94 till H1 approval validity date.
2)If not, what are the options? Which one is fastest? Applying H4 from company ‘C’?? or applying AP based on pending I -485 ?
------------------ apply AP now. she CAN enter with valid H4 visa stamp through A or B or C. H4 is tied to spouse H1 not with employer a,B or C. She CAN also file H4 extension Before her I-94 gets expired(she could have filed H4 with H1trnasfer when companyC filed H1 trasfer and that way both H1 and H4 would have got same expiry dates on I-94 )
Any suggestions will be greatly appreciated.

 

[star12]

Great !!Thanks So Much Ginnu .., Still I want one clarification from you...

You are right , I am talking about my cousion who is on H1 and his spouse ( H4)..

From all three company's my cousion is having H1 until Aug 2006 (Both will complete their 6 years term by that time)

Right now current company ('C') where my cousion works, they didn't filed for his spouse (H4) transfer. They just filed H1 and it got approved...

Both having valid I -94 's until Aug 2006 (Expiry date is same from all company's), & Visa also stamped on their passports from Company "B" until Aug 2006

I understood what you said: apply AP now. she CAN enter with valid H4 visa stamp through A or B or C. H4 is tied to spouse H1 not with employer a,B or C. She CAN also file H4 extension Before her I-94 gets expired(she could have filed H4 with H1trnasfer when companyC filed H1 trasfer and that way both H1 and H4 would have got same expiry dates on I-94 )

But still I want to double check whether you understood my question or not..
Question: Can they travel India with out H4 filed from current company where my cousion is working right now?? If Yes, AT POE if they ask why current company didn't filed H4 transfer for spouse ?? then what they should answer??? Please advice ..

 

[ginnu]

You are right , I am talking about my cousion who is on H1 and his spouse ( H4)..

From all three company's my cousion is having H1 until Aug 2006 (Both will complete their 6 years term by that time)

Right now current company ('C') where my cousion works, they didn't filed for his spouse (H4) transfer. They just filed H1 and it got approved...

Both having valid I -94 's until Aug 2006 (Expiry date is same from all company's), & Visa also stamped on their passports from Company "B" until Aug 2006

I understood what you said: apply AP now. she CAN enter with valid H4 visa stamp through A or B or C. H4 is tied to spouse H1 not with employer a,B or C. She CAN also file H4 extension Before her I-94 gets expired(she could have filed H4 with H1trnasfer when companyC filed H1 trasfer and that way both H1 and H4 would have got same expiry dates on I-94 )

But still I want to double check whether you understood my question or not..

----- I think I understod but you need to understand how to post details so that others can understand the clear situation of case details
Question: Can they travel India with out H4 filed from current company where my cousion is working right now??
--------------------- for Travel to India you need Passport of India or visa FOR india. one does not need H4 or H1 USA visa for travel to India
If Yes, AT POE if they ask why current company didn't filed H4 transfer for spouse ??
-------------- if the H4 spouse has Valid H4 visa stamp and the primary is on H1 the they dont ask why H4 was not filed by C. h4 extension is not company job H4 extension is job of H4 status holder to maintain H4 status. H4 extension is based on h1 status of spouse. if they ask inform current company didn't filed H4 transfer because it is not required. company C DONT NEED TO FILE H4 TRASFER, they only need to file H1 if they want to hire somebody on H1.
then what they should answer???
------------- they shold not tell lie
Please advice ..

 

[star12]

Thanks Again Ginnu ...

Thanks Again Ginnu ... Now it's clear for me ...

"Any H4 visa holder's having valid I 94 and valid visa stamped on their passports from any company can travel abroad with out any visa revalidation"

Ginnu, Sorry !! If my first posting was not that clear..