Is it worth doing it?

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programmer76

Registered Users (C)
Hi,

My wife just got his passport stamped with H4 visa one month ago in May from Kolkata India, which is valid until May 2005. After getting her visa, She came to USA stayed with me for 3 weeks, we applied together for our I140 and I 485 in that time as well and now she is in India. In the mean time I've changed my job and got new H1B approval I797 that is valid until May 2007. DROP BOX system is going to be closed in India from July 16.Questions I’ve are…

(1) Can my wife put her passport in drop box and get her visa stamped with my new employer? I've been talking with some friends & they are strongly discouraging me because according to them my wife just got her visa stamped before a month and her visa is still good for next whole year and I should not do it. Also we have applied for green card and that shows that we have intention to immigrate in usa. Can any one please provide some feedback? If it is not that risky then I wanted to get my wife’s passport stamped using drop box so that we don’t have to worry about facing H4 interview once again as drop box system is going to be over.

(2) In the drop box do they ever cancel an existing visa? Also in drop box if they send a letter mentioning that interview is needed then do we have to face the interview or can we use the old existing visa in which is valid to come to USA?
 
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She dont need a visa again till may 2005 .She can enter any time in to the country .. Even if you send to consulate they will not issue a visa with your new employer name
All that she want before coming to usa is your new employer approval notice in hand .. thats all ..
That too ask her to show when they were asked at the port of entry.
changing employer is one entity and getting visa is one entity .. They both different .. you are safe
After she come back to usa .. if you want still more precaution file for her H4 extension with I-536
becasue you changed the employer you got the extended I-94 your wife not ..Thsi is for her to get H4 extension
HOpefully by that time you will get your EAD do dont worries
have a great time

My wife just got his passport stamped with H4 visa one month ago in May from Kolkata India, which is valid until May 2005. After getting her visa, She came to USA stayed with me for 3 weeks, we applied together for our I140 and I 485 in that time as well and now she is in India. In the mean time I've changed my job and got new H1B approval I797 that is valid until May 2007. DROP BOX system is going to be closed in India from July 16.Questions I’ve are…

(1) Can my wife put her passport in drop box and get her visa stamped with my new employer? I've been talking with some friends & they are strongly discouraging me because according to them my wife just got her visa stamped before a month and her visa is still good for next whole year and I should not do it. Also we have applied for green card and that shows that we have intention to immigrate in usa. Can any one please provide some feedback? If it is not that risky then I wanted to get my wife’s passport stamped using drop box so that we don’t have to worry about facing H4 interview once again as drop box system is going to be over.

(2) In the drop box do they ever cancel an existing visa? Also in drop box if they send a letter mentioning that interview is needed then do we have to face the interview or can we use the old existing visa in which is valid to come to USA?[/QUOTE]
 
programmer76 said:
Hi,

My wife just got his passport stamped with H4 visa one month ago in May from Kolkata India, which is valid until May 2005. After getting her visa, She came to USA stayed with me for 3 weeks, we applied together for our I140 and I 485 in that time as well and now she is in India. In the mean time I've changed my job and got new H1B approval I797 that is valid until May 2007. DROP BOX system is going to be closed in India from July 16.Questions I’ve are…

(1) Can my wife put her passport in drop box and get her visa stamped with my new employer?

---NO need of NEW Visa stamp YOU have changed Employer she has NOT changed spouse her H4 Visa is tied to your H1 status, she can come to US vith past employer H4 Visa, Just send her Your H1 approval that is valid till May 2007, She should show her Passport Visa AND your H1 approval notice at POE and she will get I-94 till May 2007.

I've been talking with some friends & they are strongly discouraging me because according to them my wife just got her visa stamped before a month and her visa is still good for next whole year and I should not do it. Also we have applied for green card and that shows that we have intention to immigrate in usa. Can any one please provide some feedback?
----one can be on H4 or H1 and at the same time I-485 pending

If it is not that risky then I wanted to get my wife’s passport stamped using drop box so that we don’t have to worry about facing H4 interview once again as drop box system is going to be over.

(2) In the drop box do they ever cancel an existing visa? Also in drop box if they send a letter mentioning that interview is needed then do we have to face the interview or can we use the old existing visa in which is valid to come to USA?
Click to expand...
 
HI Ginnu and Kishuibum,

Thanks for both your feedback. I know that my wife can travel for the next one year on my old company's visa. Only reason i wanted to do it was because i wanted to get benifit of drop box facility which won't be available after July 16 & get visa for 2 more years for my wife just in case if my wife wanted to travel to India after may 2005.

(1)Let me first ask a general question. If a person travel on AP to India and if GC petition is denied & if he/she doesn't have valid H1 stamp in passport then can he come back to usa using that AP?


(2)Thing which Ginu suggested "She should show her Passport Visa AND your H1 approval notice at POE and she will get I-94 till May 2007" . I understand that this I94 is good for her to stay in usa.But In case if she wants to go to India after may 2005 when her H1 stamp in passport is expired then can she come back to usa showing that I94 ?(dont we surrender I94 when travelling to India) ?

(3)thing which Kissuibum suggested " if you want still more precaution file for her H4 extension with I-536 becasue you changed the employer you got the extended I-94 your wife not ..This is for her to get H4 extension" . I assume that is also good for her to stay in usa until 2007 but it does not help if she is going to travel to India after expirty of our existing stamp in passport in 2005.Am I right?

(4) Last question is for Ginu again. Ginu from your experience if we put the passport in drop box then what they will do? Will they just give it back to us and refuse to put new stamp in her passport?
 
programmer76 said:
HI Ginnu and Kishuibum,

Thanks for both your feedback. I know that my wife can travel for the next one year on my old company's visa. Only reason i wanted to do it was because i wanted to get benifit of drop box facility which won't be available after July 16 & get visa for 2 more years for my wife just in case if my wife wanted to travel to India after may 2005.
------I dont think they will stamp new Visa becase she has valid Visa in her passport.
(1)Let me first ask a general question.
If a person travel on AP to India and if GC petition is denied & if he/she doesn't have valid H1 stamp in passport then can he come back to usa using that AP?
------If I-485 is denied your AP EAD all are denied, becase AP and EAD are based on pending I-485

(2)Thing which Ginuu suggested "She should show her Passport Visa AND your H1 approval notice at POE and she will get I-94 till May 2007" . I understand that this I94 is good for her to stay in usa.But In case if she wants to go to India after may 2005 when her H1 stamp in passport is expired then can she come back to usa showing that I94 ?(dont we surrender I94 when travelling to India) ?
------- all need to surrunder I94 when they depart US. In the above situation your wife will need new visa stamp after may 2005 to enter US. if she is in US no problem becase she will have I-94 till your H1 approval

(3)thing which Kissuibum suggested " if you want still more precaution file for her H4 extension with I-536 becasue you changed the employer you got the extended I-94 your wife not ..This is for her to get H4 extension" . I assume that is also good for her to stay in usa until 2007 but it does not help if she is going to travel to India after expirty of our existing stamp in passport in 2005.Am I right?
------Kissuibum suggested that before her H4 status expire you shoulf file her H4 extension so that she should be on valid status in US, yes it does not help for VISA STAMP she has to get VISA stamp after 2005 if she goes out of US
(4) Last question is for Ginuu again. Ginuu from your experience if we put the passport in drop box then what they will do?
------drop box is going to be stoped as they need fingerprints for VISA stamping, some consulates are stopping on june 30 some after few days check your consulate website
Will they just give it back to us and refuse to put new stamp in her passport?
---better ask the consulate, dear, I dont work in US consulates
Click to expand...
 
For Ginnu

Hi Ginnu,

It seems like if my wife needs to stay in usa then she should have both the following?

(1)a valid I94 which reflects my new h1B petition date
(2) her h4 extension

does the need to have both the following things above to stay in usa or only one thing is enough?

Also kishuib was saying "She dont need a visa again till may 2005 .She can enter any time in to the country .. Even if you send to consulate they will not issue a visa with your new employer name
All that she want before coming to usa is your new employer approval notice in hand .. thats all .."

So does that mean that before she comes to usa next time I should send her my original H1B approval notice and she will show that notice to the immigration officer at airport and that will give her I94 with my new H1B approval period???Do i need to give her original I797 or the xerox copy is good?
 
programmer76 said:
Hi Ginnu,

It seems like if my wife needs to stay in usa then she should have both the following?

(1)a valid I94 which reflects my new h1B petition date
(2) her h4 extension

does the need to have both the following things above to stay in usa or only one thing is enough?
------ I think she has I-94 till 2005 and that is fine, she needs to file H4 extension before her I-94 expires ( she can file H4 extension with USCIS 6 months before her I-94 expires)
Also kishuib was saying "She dont need a visa again till may 2005 .She can enter any time in to the country .. Even if you send to consulate they will not issue a visa with your new employer name

----That is correct becase She has H4 Visa stamped in passport till 2005, if she isa out of US and her Visa expires before she comes back to US then she needs Valid new h4 Visa stamp based on your recent H1 approval notice
All that she want before coming to usa is your new employer approval notice in hand .. thats all .."
---If she is coming before her current H4 Visa expiry then she should show Passport Visa stamp (that is valid till 2005) AND your H1 Approval notice at POE she will get I-94 till your H1 approval notice
So does that mean that before she comes to usa next time I should send her my original H1B approval notice and she will show that notice to the immigration officer at airport and that will give her I94 with my new H1B approval period???
---YES
Do i need to give her original I797 or the xerox copy is good?
----original I797 ( you keep the copy till she reaches US)
Click to expand...
 
programmer76 said:
Hi Ginnu,

It seems like if my wife needs to stay in usa then she should have both the following?

(1)a valid I94 which reflects my new h1B petition date
(2) her h4 extension

does the need to have both the following things above to stay in usa or only one thing is enough?

Also kishuib was saying "She dont need a visa again till may 2005 .She can enter any time in to the country .. Even if you send to consulate they will not issue a visa with your new employer name
All that she want before coming to usa is your new employer approval notice in hand .. thats all .."

So does that mean that before she comes to usa next time I should send her my original H1B approval notice and she will show that notice to the immigration officer at airport and that will give her I94 with my new H1B approval period???Do i need to give her original I797 or the xerox copy is good?
Click to expand...

well in her case she does not need to file extension if she gets the stamp till ur new approval date, of course that is not going to help with the stamp.

As for the stamp, well the consulate will not stamp unless the stamp is in new category or for same category within 2 mths of expiry. ur wife can travel till may 05 think of those people who are left out cause their stamp expires Sep 17, they cannot get it done.
 
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