Please help-Pending H4 to H1B, wife traveled to India, query on H1B

[tpauser]

Please help - Pending H4 to H1B, wife already in India, query on H1B

I am on H1B visa with my wife currently being on H4 visa. Both our visas are expired in the passport, but we have valid I-797 and I-94. we are going to delhi consulate on 24th october for visa revalidation of h1b and h4.

My wife applied for H1B visa with request for change in status from H4 to H1B. She went to India for vacation 1 week back and meanwhile, her company's lawyer communicated that a query has been raised on her H1B by BCIS. The lawyer also then told us that because it was a change in status case, my wife should not have traveled outside US. Her lawyer has to reply back to the query before which my wife could not get H1b. Her lawyer has also asked her to get H4 stamped asap and then come back to US before the H1b visa gets approved.

I have following questions:
1) If we still go for visa stamping in delhi on october 24th (i am traveling to delhi on 20th) and come back on 14th nov, lawyer will still have 2 more weeks to reply back to BCIS. Is there a problem if the company replies late (after 10 weeks) to a query on H1B? Can that cause any issues with H1b approval?

2) Could there be any issue at port of entry or at the embassy with getting h4 visa, since her change of status application for h4 to h1 is pending with BCIS?

3) Will it be better in any way if I prepone the embassy appointment date and my travel dates to come back to U.S. by 22nd october?

4) How much time does BCIS usually take for H1B approval once the documents related to the query have been submitted?

Please help with these questions, I am unable to decide what to do so that my wife's H1B does not get jeopardized in any way. I am one of those who is stuck with labot application for so long and now more immigration issues.

I really apppreciate your help.

thanks,
-Kapil

 

[ginnu]

Please help - Pending H4 to H1B, wife already in India, query on H1B

I am on H1B visa with my wife currently being on H4 visa. Both our visas are expired in the passport, but we have valid I-797 and I-94. we are going to delhi consulate on 24th october for visa revalidation of h1b and h4.

My wife applied for H1B visa with request for change in status from H4 to H1B. She went to India for vacation 1 week back and meanwhile, her company's lawyer communicated that a query has been raised on her H1B by BCIS. The lawyer also then told us that because it was a change in status case, my wife should not have traveled outside US. Her lawyer has to reply back to the query before which my wife could not get H1b. Her lawyer has also asked her to get H4 stamped asap and then come back to US before the H1b visa gets approved.
-----------Lawyer is correct becase if one file Change of status and goes out then Change of status is abandoned
READ:
http://uscis.gov/graphics/lawsregs/handbook/Travpub.pdf

I have following questions:
1) If we still go for visa stamping in delhi on october 24th (i am traveling to delhi on 20th) and come back on 14th nov, lawyer will still have 2 more weeks to reply back to BCIS.

Is there a problem if the company replies late (after 10 weeks) to a query on H1B? Can that cause any issues with H1b approval?
----YES
2) Could there be any issue at port of entry or at the embassy with getting h4 visa, since her change of status application for h4 to h1 is pending with BCIS?
------------No, she is going to get H4 visa stamp based on your H1 status
3) Will it be better in any way if I prepone the embassy appointment date and my travel dates to come back to U.S. by 22nd october?

4) How much time does BCIS usually take for H1B approval once the documents related to the query have been submitted?
---------------depends on service center and officer when he looks at what was asked
-Kapil

 

[tpauser]

Thanks a lot for your quick reply. I have couple of more questions:

1) Would denial of change in status mean that the H1b application would be denied?

2) What are the different options in this case? Should the lawyer refile the change in status from H4 to H1 again once my wife comes back to U.S.?

3) Should my wife try to get into US on H1B visa? My lawyer suggested that she may apply for consular processing for H1B visa and wife will have to travel outisde once she gets approval to change status from h4 to h1b. Is that correct?

4) Can we give some valid emergency reason for her traveling outside US?

5) If she comes back on H4 itself before H1 approval comes in, will it still be construed as denial of change in status?

6) Are H1B visa and change in status applications dealt separately?

Kindly help.

thanks in advance,
- Kapil.

 

[ginnu]

Thanks a lot for your quick reply. I have couple of more questions:

1) Would denial of change in status mean that the H1b application would be denied?
May be or can be approved with our I-94
2) What are the different options in this case? Should the lawyer refile the change in status from H4 to H1 again once my wife comes back to U.S.?
--------------------Talk to your lawyer
3) Should my wife try to get into US on H1B visa? My lawyer suggested that she may apply for consular processing for H1B visa and wife will have to travel outisde once she gets approval to change status from h4 to h1b. Is that correct?
-------------lawyer is correct
4) Can we give some valid emergency reason for her traveling outside US?
---------------no
5) If she comes back on H4 itself before H1 approval comes in, will it still be construed as denial of change in status?

6) Are H1B visa and change in status applications dealt separately?
------------Yes
Kindly help.

thanks in advance,
- Kapil.

 

[hellokrishna]

COS was approved though travelled outside US

Hi Ginnu,

My wife's COS (H4 to H1) was approved though she travelled Outside the US during its process. Applied in April, Travelled In May came back in June on H4 and COS approved in August'06 with I94 (valid from Oct 1st).

Which I94 is controlling her status from Oct 1st. is it H4's or H1's.

I have seen the pdf link you have sent, the laywer etc. All say the H1's COS has to be denied. But in her case it did n't.

Please give your valuable suggestion.

Thanks,
Murali.

 

[ginnu]

Hi Ginnu,

My wife's COS (H4 to H1) was approved though she travelled Outside the US during its process. Applied in April, Travelled In May came back in June on H4 and COS approved in August'06 with I94 (valid from Oct 1st).

Which I94 is controlling her status from Oct 1st. is it H4's or H1's.

I have seen the pdf link you have sent, the laywer etc. All say the H1's COS has to be denied. But in her case it did n't.

Please give your valuable suggestion.

Thanks,
Murali.

back in June on H4
COS approved in August'06 with I94
*** last action is on August 06 and that is her latest I-94 (nothing wrong if you talk to her lawyer)