new visa stamping after 3 yrs in US & 1+ yr after stamped visa expiry

sls

New Member
#1
I came with my family (H1 + H4 + H4) to US in 1999. The visa stamped in all passports expired in 2000. Now I am working with my second employer and I have a new visa + I94 till 2003 (not stamped yet).
My wife got a H1 and she is working now.
She will have to quit the job this mid June.
We are planning to go to India this September.

1) What should I do to get my wife back to H4?
2) Can I stamp new H1 + H4 + H4 in Canada?
3) Which is better? Canada (Vancouver) / Chennai

Thanks.
 

jaxen

Volunteer Moderator
#2
Both are ok..

However, Canada poses a risk. If you forget to take some documents then you have to go to India to do the stamping.
Chennai consulate has had visa refusals for unclear H1 to H4 to H1 cases.
But if you have adequate documentation you should not have any problem. Remember some airlines have started insisting on a transit visa - especially for people who do not have a valid stamp in the passport.
 

sls

New Member
#3
Re: Both are ok.. H4-H1(current)-H4?

Thanks for the reply. My case is H1 to H1 and hopefully there will not be any issue at Chennai.

How about for my wife?
Her H history is like this:
H4, H4 extension, new H4 (when I joined new company), H4 --> H1.
Currently she is in H1 and working.
By mid June she is going to leave her job (maternity).
I guess I should get her back to H4 status before applying for
visa stamping in Chennai. So this will be the deciding factor in planning our trip to India.
What is the procedure to get her back to H4? How long will it take?
(All her H4s were applied by my employers, I am not sure about the procedure and time).

Thanks.
 

jaxen

Volunteer Moderator
#4
2 ways to H4...

You can file I539 and get the status changed from h1 to h4. it takes about 3-6 months. You get a new I94 in most cases.
If you leave the country before the approval that petition will be considered abandoned.
other documents for H4 include your H1 papers, marriage certificate, letter from employer etc.
In chennai consulate it is basically a walk in/Drop off. You will get the decision immediately. In most cases where both H1 and H4 are submitted, there have been no rejections (that i have heard of)
Good Luck.
 

sls

New Member
#5
Re: 2 ways to H4...

Thanks Jaxen.

I think I will try Chennai.
I will have my H1 papers, my kid\'s H4 papers and will apply for H4 for my wife at the consulate.
One more question. After my wife leaves her job in mid June, I guess her employer will start cancellation of her H1. Assuming that there is a 3 - 4 months time frame before we leave for India, what will be her status for this time?
Should we any way apply for her change of status here it self?
Or is there a grace period?

Thanks.
 

jaxen

Volunteer Moderator
#6
No grace period...

You better apply for COS immediately. You can show that application/receipt as proof of continuing status.
By default since your H1 is still valid, he H4 is also considered valid.
 

sls

New Member
#7
Re: 2 ways to H4...

Thanks Jaxen.

I think I will try Chennai.
I will have my H1 papers, my kid\'s H4 papers and will apply for H4 for my wife at the consulate.
One more question. After my wife leaves her job in mid June, I guess her employer will start cancellation of her H1. Assuming that there is a 3 - 4 months time frame before we leave for India, what will be her status for this time?
Should we any way apply for her change of status here it self?
Or is there a grace period?

Thanks.
 
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