How to get H4 visa for my wife??

[nayak328]

Hi Guys,
Help me out please. I am really in a tricky situation.

So I met a girl in India when I was in vacation and I want to marry her now.

I have an EAD card since 2007 valid till 2010.
I also have an H1B visa from employer1 valid till 2009.
But I changed job in July 2008 and joined employer2 and my new employment is based on EAD. All my previous tax returns are based on employer1.

So my question is how can I marry her and bring her here?
Can I use the H1B from employer1 and get my wife H4 visa? But I checked delhi embassy website and they ask for a recent pay stub. If I just show them my last 3 years tax return (from employer1), will they reject my application?

Can I use the H1B from employer1 and instead of giving recent pay stub from employer1(since I don't have), can I give from employer2? Will they reject my application?

Another option is I think getting her on B2 visa and then apply for a change of status here. But I think now it's difficult for a single girl to get B2 visa.

Or I can bring her on F1 visa. But I don't know whether she has given TOEFL or not.

Please help me with some options. Any of you guys or your friends have experienced anything similar and how did you solve it.

Thanks in advance
RK

 

[getgreenc]

since u lost your H1 status using EAD u can't bring her on H4. The only option u have is bring her on h1 , F1 or Business visa. getting H1 is difficult and u need to wait until next year. Try F1 or H1 or wait until your pd is current and do consular processing for her. But u need to wait so long for that which any new couple don't want that option. good luck.

 

[ginnu]

Hi Guys,
Help me out please. I am really in a tricky situation.

So I met a girl in India when I was in vacation and I want to marry her now.

I have an EAD card since 2007 valid till 2010.

I also have an H1B visa from employer1 valid till 2009.
------------------------------but you are not working for that employer on H1
But I changed job in July 2008 and joined employer2 and my new employment is based on EAD.
----------------------------------------you are not on H1 status.
All my previous tax returns are based on employer1.

So my question is how can I marry her
------------------- Don’t you know how to get married? Ask her if she wants to marry you.
and bring her here?
-------------------She cant come to US on H4 as you are not on H1 status.
Can I use the H1B from employer1 and get my wife H4 visa?
---------------------US consulate will not give her H4 visa.

But I checked delhi embassy website and they ask for a recent pay stub. If I just show them my last 3 years tax return (from employer1), will they reject my application?
-----------------------Yes (her application as she will apply for H4)
Can I use the H1B from employer1 and instead of giving recent pay stub from employer1(since I don't have), can I give from employer2? Will they reject my application?
----------------------Yes (as you are not on H1 status)

Another option is I think getting her on B2 visa and then apply for a change of status here.
But I think now it's difficult for a single girl to get B2 visa.
----------------------you are correct
Or I can bring her on F1 visa.
But I don't know whether she has given TOEFL or not.
-------------ask her
Please help me with some options. Any of you guys or your friends have experienced anything similar and how did you solve it.

Thanks in advance
RK

You lost H1 status as you used EAD
You are not married to her
To bring her on H4 status you need to marry her and to be on H1 status

*** Talk to your lawyer. if you have not consumed 6 years on H1 then employer 2 may be able to file H1 for you and if USCIS approve your H1 petition then go out of US get H1 visa stamp and enter on H1 status (keep valid AP with you). go and meet lawyer of Company 2