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Registered Users (C)
Hello,
Thanks for reading my question and thanks in advance for the answers.
I am on an H1B with I-140 approved. My wife on and F1 visa which we got stamped in August 2008 in India. At that time my PERM was approved but I140 was not filed for. We filed the I140 in Nov 2008 with her name as a dependent. This got approved Feb 2009.
The safest thing for us to do is my wife complete school in June, hopefully get an H1B visa and then go out of the country.
But her mom is not well and she will need to leave the country this March. Both of us dont need any visa stamping in this visit. However we are worried that the border security may have problems with my wife being on F1 and her name as a dependent on my I140.
Questions are:
1. Has anyone been in this condition ?
2. Is this really a problem considering she is not the primary applicant for this I140.
3. Do the border security actually has all the information about my I-140 filing and my wives name being on that.
4. Overall, what are the chances that she will not be allowed in the country.
5. Since I applied for my I140 a month after she came in F1, Can this be considered as a non-legal action by the border security
6. If she is refused entry, What happens. Is she sent back to India or we can apply for a visa to Canada and apply for an H4 visa date. Can she be denied H4 visa in this case?
Please help us out with this.
Thank You
Thanks for reading my question and thanks in advance for the answers.
I am on an H1B with I-140 approved. My wife on and F1 visa which we got stamped in August 2008 in India. At that time my PERM was approved but I140 was not filed for. We filed the I140 in Nov 2008 with her name as a dependent. This got approved Feb 2009.
The safest thing for us to do is my wife complete school in June, hopefully get an H1B visa and then go out of the country.
But her mom is not well and she will need to leave the country this March. Both of us dont need any visa stamping in this visit. However we are worried that the border security may have problems with my wife being on F1 and her name as a dependent on my I140.
Questions are:
1. Has anyone been in this condition ?
2. Is this really a problem considering she is not the primary applicant for this I140.
3. Do the border security actually has all the information about my I-140 filing and my wives name being on that.
4. Overall, what are the chances that she will not be allowed in the country.
5. Since I applied for my I140 a month after she came in F1, Can this be considered as a non-legal action by the border security
6. If she is refused entry, What happens. Is she sent back to India or we can apply for a visa to Canada and apply for an H4 visa date. Can she be denied H4 visa in this case?
Please help us out with this.
Thank You