Rentry on H4

R

rpranesh

Registered Users (C)
My Sister in Law (SIL) is currently in F1 status (and still studying) and my brother is on H1 from company B. My SIL alo has a valid H4 stamping based on my brothers H1 from company A.
She is going to India to get f1 stamping. In a rare case, if it gets rejected, can she enter on her old unexpired H4? They will not be traveling together, but she will have my brother's photo copy of H1 visa ( company B), 797, and other documents.

(i.e.) can she enter on old H4.

My assumption is that her H4 is based on my brother H1 status. Is her H4 specific to H1 of Company's A?
Her H4 has annotations says that it is from company A.
Her old H4 Visa was based on a i-539.
 
My brother has a valid H1 (based on company B) , her H4 visa is unexpired (based on H1 of Company A). she is eligble fo H4 (since my brother is on H1)
 
Just be carefully here, many times consulate reject/cross old (valid) visa on the passport too.
 
They may(cancelled without predjudice) if they approve the new F1 visa. They shouldnt if she is still eligible for H4 and they deny her F1.
 
Agree, they shouldn't. But they have done that in past.

rpranesh said:
They may(cancelled without predjudice) if they approve the new F1 visa. They shouldnt if she is still eligible for H4 and they deny her F1.
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isn't her H4 invalid after she gets a F1 status

if she applied and was approved for F1 status, her prior H4 status (and therefore the related visa) will no longer be valid. Only one status is applicable - either F1 or H4. Once CIS changes her status to F1, based on her I-20, she is on F1 status.

The cancellation of the H4 visa at the embassy is a moot point since it is not valid anymore.

if her F1 is rejected, she will have to apply for a fresh h4 visa(to switch back to H4 from F1) to enter the country.
 
JoeF said:
That is not quite correct.
While a person indeed can only have one status while in the US, it is of course possible for a person to have multiple valid visas. A visa allows a person to apply for entry to the US in a specific status, nothing more.
You present the appropriate visa at the POE, and are admitted in the status that corresponds to the visa.
For years, I have had a visitor visa and an H1 visa in my passport. I presented the H1 visa and got admitted in H1 status. If I had presented the B2 visa, I would have been admitted in B2 status.
So, there is absolutely nothing wrong with having multiple visas.
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Well... you are assuming that you would have been admitted on B2. your analogy isn't accurate. it would be an appropriate example if you had changed your status while in the country and then tried to re-enter US using the original visa.

Are you saying: if you changed you status from H4 to F1 (which means original H4 status is no longer valid ) the H4 visa (which is BTW related to a H4 status) is still valid ?
Also remember when you enter the country, you have to provide a H4 approval letter. The one she has isn't valid anymore.
 
NJOY_SCUBA:
As rightly pointed out by Joe, visa and status are slightly different things. A person can have only one status at a time. What status is determined by which visa you are entering on (or later changed to using I-539).
My SIL is currently on F1 (did a h4->F1) and has a valid H4 visa and my brother is on a valid H1 visa status.
Visa is something to enter the country.
Also somone can enter using H1 stamp of company A (unexpired) but with an approval notice (797) from company B. I was wondering whether H4 visa is also like that.

Also H4 visa does not require an approval notice. Usually first time H4 is granted directly by the US Consulate. Only when you do a extension or change of status you get an approval notice and a new I94.
 
rpranesh said:
Also H4 visa does not require an approval notice. Usually first time H4 is granted directly by the US Consulate. Only when you do a extension or change of status you get an approval notice and a new I94.
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Exactly. No petition is required for a dependent status like H4, L2, J2 or TD. When it comes to Canadian citizens, this can often confuse officers at POEs not on the Canadian border; a Canadian citizen can present him or herself at the POE merely with proof of Canadian citizenship, a marriage/birth certificate and a copy of the primary non-immigrant's I-94 that has H1, L1, J1 or TN status and request entry - with no visa or petition required.
 
All I have to say: Lucky Canadians..... :)

For all other, they have to pay visit to US embassy (or consulate) if they want to enter US on a dependent visa. And once they do that, there is always probability of things going south.

But, that shouldn’t stop anyone from trying ...
&, All we are saying just be prepared....

TheRealCanadian said:
Exactly. No petition is required for a dependent status like H4, L2, J2 or TD. When it comes to Canadian citizens, this can often confuse officers at POEs not on the Canadian border; a Canadian citizen can present him or herself at the POE merely with proof of Canadian citizenship, a marriage/birth certificate and a copy of the primary non-immigrant's I-94 that has H1, L1, J1 or TN status and request entry - with no visa or petition required.
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Hi,
As mentioned in the first post, my SIL applied for f1 Visa in India. First they cancelled her H4 expired visa and later they said they cannot give F1 visa because her finger prints are not good. she has a medical condition that makes her fingers not suitable for taking prints.

What are her alternatives?
 
rpranesh said:
Hi,
As mentioned in the first post, my SIL applied for f1 Visa in India. First they cancelled her H4 expired visa and later they said they cannot give F1 visa because her finger prints are not good. she has a medical condition that makes her fingers not suitable for taking prints.

What are her alternatives?
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About a year back I read in this forum about same problem. I think there are some medications that allows to have proper finger-prints. She needs to go through that treatment (if available in India) and apply for visa again.
 
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