Question on H4 visa in India - need help

[sirme]

Hello all

I am currently in USA and getting my greencard done (submitted by 140 - Nebraska SC).

My fiancee went to school here on F1 visa and currently she has OPT (optional practical training) permit.. she graduated but her F1 visa stamped in her passport expires in 2005. She asked with international student center at her school and they said that she can travel on her OPT and tell at port of entry that she is still looking for jobs

I want to add her on my greencard but my lawyer insists that she should be on some H visa to get added on my greencard.

I am going to India in a month to marry her and bring her back on H4, so that I can add her to my greencard as soon as we are back.

my question is

If her H4 gets declined in India, can she still come back to USA using her OPT?

thanks for your time
regards
sirme

 

[saigc]

I am currently in USA and getting my greencard done (submitted by 140 - Nebraska SC).

My fiancee went to school here on F1 visa and currently she has OPT (optional practical training) permit.. she graduated but her F1 visa stamped in her passport expires in 2005. She asked with international student center at her school and they said that she can travel on her OPT and tell at port of entry that she is still looking for jobs

I want to add her on my greencard but my lawyer insists that she should be on some H visa to get added on my greencard.
+++++you might have struck in the gray area of immigration law. you might need to consult with good attorney soon (not your current lawyer. i dont feel he is good or experienced enough).

+++++You can add your wife to your i485 as long as she is in valid visa or not have violated her visa in any way. it does not matter whether she is in h1 or f1 etc.

I am going to India in a month to marry her and bring her back on H4, so that I can add her to my greencard as soon as we are back.
+++++ safest option

my question is

If her H4 gets declined in India, can she still come back to USA using her OPT?
+++++ even if she is allowed it is better to wait for sometime before you file i485 for her. reason: f1 is purely non-immigration intended visa. whereas h1/h4 are dual intent because even if you checked yes when asked whether you plan to immigrate to usa then its ok. the same if done while applying for f1 then the visa will be rejected.

 

[sirme]

If her H4 gets declined in India, can she still come back to USA using her OPT?
+++++ even if she is allowed it is better to wait for sometime before you file i485 for her. reason: f1 is purely non-immigration intended visa. whereas h1/h4 are dual intent because even if you checked yes when asked whether you plan to immigrate to usa then its ok. the same if done while applying for f1 then the visa will be rejected

>>>>>> Thanks for the reply. to quote you "...even if she is allowed.." - are you sure if she would be allowed using her F1 visa if her H4 gets rejected ? is there a place where I can confirm this?

Sorry for being paranoid about this, I am just trying to play safe . That is the reason I did not argue much with my lawyer, because they think F1 visa holders should not show an intent to become permanent residents ..

>>>>> by the way does anyone know if there is any rule such as "H4 visa holders should wait certain number of months before they can start applying for jobs?" is this a myth or is it true? I mean, if someone is ready to sponsor a H1 for my wife, cant she start working right away (if she is on H4) ?

thanks
regards
sirme

 

[saigc]

If her H4 gets declined in India, can she still come back to USA using her OPT?
+++++ even if she is allowed it is better to wait for sometime before you file i485 for her. reason: f1 is purely non-immigration intended visa. whereas h1/h4 are dual intent because even if you checked yes when asked whether you plan to immigrate to usa then its ok. the same if done while applying for f1 then the visa will be rejected

>>>>>> Thanks for the reply. to quote you "...even if she is allowed.." - are you sure if she would be allowed using her F1 visa if her H4 gets rejected ? is there a place where I can confirm this?yes she can come in f1 if that is still valid. you may have multiple visa category like f1 or h4 or b2 but you may enter using just one.

Sorry for being paranoid about this, I am just trying to play safe . That is the reason I did not argue much with my lawyer, because they think F1 visa holders should not show an intent to become permanent residents .. yes thats what i meant too. per your initial posting you mentioned that your lawyers opinion that f1 holders cannot file i485. your lawyer is right that f1 visa holders should not show an intent to become permanent residents particularly while filing the petition or visa stamp or while entering usa. thats the reason i suggested you NOT to file i485 immediately after she enters on F1 (not h4). if you file within very short period like 3 months then BCIS/USCIS interprets that as fraud while obtaining the f1 visa other than that there is nothing serious

>>>>> by the way does anyone know if there is any rule such as "H4 visa holders should wait certain number of months before they can start applying for jobs?" is this a myth or is it true? it should be rumour. not sure where you heard from. person in h4 can start working as soon as someone is sponsors h1 for her. I mean, if someone is ready to sponsor a H1 for my wife, cant she start working right away (if she is on H4) ? NOPE. she CANNOT start working right away just because she filed h1 with change of status. this portability law is applicable only when she is currently holding h1. SO - NOOO