Please advise on my tricky status situation...

I

ImmigUser

Registered Users (C)
Hi,

My situation is bit tricky, Initially came to US on H4 and got my H1 processed thru a desi firm and worked for a year, after that due to circumstances had to leave the job and decided to stay a full time mother for now. I am planning to visit India in December and need to get my visa stamped.

My husband is on a H1(Seventh year) he also will attend for his visa stamping, what are my odds of not getting my visa stamped. In that case can I attend for visa as a dependent on my Husband's H1.

Your advise is greatly appreciated.

Thanks in advance...
 
My situation is bit tricky, Initially came to US on H4 and got my H1 processed thru a desi firm and worked for a year, after that due to circumstances had to leave the job and decided to stay a full time mother for now. I am planning to visit India in December and need to get my visa stamped.

---- Did you change your status to H4 after you left the job on H1. There is no indication of that on the post, or have you gone back to your home country (India)

My husband is on a H1(Seventh year) he also will attend for his visa stamping, what are my odds of not getting my visa stamped. In that case can I attend for visa as a dependent on my Husband's H1.

---- If your husband is on H1, were you on H4 status while in the US with a valid H4 approval notice?

---- Have you also taken a visa appointment along with your husband? The above quesry is not clear on that

Considering that all the above are true and you attend your visa interview along with your husband there should not be an issue with getting a visa stamped

further questions, visit the forum

Subramanya
 
Thanks Subramanya for your reply, few clarifications so that I can get more information from you..

I did not change back to H4 as I was planning to return back to work, its been almost 6 months but unfortunately was unable to work.

I am planning to take combined appointment with my husband and planning to attend on my current H1, but if I dont get the visa, can I attend for H4 with my husband's H1 document.

Thanks
 
Since you have not been able to work for the past 6months, it means you dont have any recent paystubs. According to me, this is risky as the visa officer wants to see atmost 5-6 paystubs if not more. Paystubs is considered one of the most important docs. for stamping. If you do not have a valid H4 approval notice, you cannot get a H4 visa stamped.

Hope this helps !
 
few clarifications so that I can get more information from you

I did not change back to H4 as I was planning to return back to work, its been almost 6 months but unfortunately was unable to work.

---- If you were not on H4 did you inform your employer to retain the H1 status. Has it been cancelled or has employer informed USCIS about the job? If all these do not apply then you might have been out of status for this period of 6 months

I am planning to take combined appointment with my husband and planning to attend on my current H1, but if I dont get the visa, can I attend for H4 with my husband's H1 document.

---- Is your current H1 still valid (refer response above) and is the employer willing to take you back after this long leave

---- You can attend the interview for your current H1 depending on the validity period

---- If you want to attend H4 interview then you should have H4 approval notice while you were in the US and as per your information you did not change your status.

---- I wonder why you did not change your status from H1 to H4 when you did not do a job for 6 months. As written above please confirm your status for 6 months, else you may be out of status in which case it is better to approach an immigration attorney to explain such situations to the VO

Subramanya
 
My employer still holds my H1 and he did not cancel it.

My husband spoke to few immigration related personnel at his office and they mentioned that I can appear for H4 based on his H1 document(similar to first time H1 stamping) not sure, how far its true.

Thanks..
 
ImmigUser said:
My employer still holds my H1 and he did not cancel it.

My husband spoke to few immigration related personnel at his office and they mentioned that I can appear for H4 based on his H1 document(similar to first time H1 stamping) not sure, how far its true.

Thanks..
Click to expand...
you changed from H4 to H1 in US and COS from H4 to H1 you statred working on H1

you seem to be out of status for 6 months but NOT illegal stay as you may be having valid I-94

you can go for H4 visa stamp. H4 is based on your spouse H1 status. better talk to lawyer for more info not to "few immigration related personnel at his office"
 
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