hourly H1B dependent

narayangg

Registered Users (C)
I have been working in H1B Visa since sept 2000. In April 2002 the company went through some bad time and made everyone part time. They filed hourly H1B for me. But in August they got more funding and made everyone full time again. But my hourly H1B is still pending in INS.
I am getting married this December . Can my wife come to US in the dependent VISA.. I am very much worried. can anyone help please
 
Did they file the amendment again? If all they filed were amendments, them pending will not affect your travel. But if it was like a new h1 or transfer which is pending, then it is not advisable to travel until approval. Consult your company lawyer and employer.
 
dependent for H1B hourly

thanks for the reply
It is just an amendment. I asked the lawer and he said it is okay to travel. But I am worried about my future wife to be able to get the dependent VISA . has anyone gone through this before ?
one more question is that in my current H1B1 approval it says VISA type H1B1 only, it doesn't say full time or hourly. In the hourly H1B1 approval what does it say ?
I need some help. thanks you very much in advance.
 
Again me

they don't want to file it again because hourly works for them even when I am working full time. and they have to file one again next year as my H1B expires Oct 16 2003.
 
The paystubs might raise suspicions. Anyway you need a letter from your employer, paystubs , LCA certified copy, I129 to apply for H4.
Part time H1 or pending amendment cannot prevent your spouse from getting H4 stamp in US consulate.
 
Thanks Jaxan

Thank you for the reply and nice advice Jaxan. you have been a great help.
you said the paystubs may raise suspision. What does it mean ? and you also said the pending H1 doesn't prevent
from applying for the VISA . What does it mean ? does it mean that she can apply for the VISA even though I haven't received the new amended H1B. I haven't yet received the new H1B and the lawer said since it is going slow right now it may take 2 more months. He got the notification from INS on 1st of July which said it will take 30-60 days .
 
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