My Wife H4 visa stamping at Canada

E

enjoyrao

Registered Users (C)
Hi,
My wife came to USA on H4 visa (stamped) and then she got H1B ,but she never worked on H1B .And her H4 stamped visa is valid till Oct 1 2007,so we went to Canada and re entered on unexpired H4 visa purposefully as she was not working on H1B.If we go to canada for H4 stamping they will be asking her H4 I-797 Approval notice ? She don't have her H4 approval notice as i changed my company and at that time she has already got H1B,so i did not applied for H4 extension along with H1.How to manage this at consulate if IO asks for her H4 Approval notice ?
 
Yes you need an appropriate approval notice. What's her status after October 1, 2007? If she has H-1B approval beyond the above date, then she is on H-1B. Since she is not working, she is out of status. You should have filed a change of status application before October 1, 2007 to preserve her status.
 
Since her H4 visa is expiring on oct 1 2007,we already went to canada on sept 22 and re entered USA ,at that she got I-94 with H4 based on my H1B Approval notice valid till 25th march 2010.My question is in future if we want to go to canada for stamping ,IO is going to ask her H4 Approval notice ?because she don't have H4 Approval notice.
 
I see that your wife is in status. For visa stamping at a consultate abroad, I would talk to my lawyer whether a change of status is required or not.
 
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