Spouse\'s VISA Status for CP

B

bigblue

Registered Users (C)
My wife got her H1 Visa last year . And no client and no salary :(
She later applied for H4 Visa in december and the approval hasn\'t come yet.
My Pkt3 forwarded to Mumbai consulate this week. Expecting May/June interview.

If the H4 approval does\'t come by that time, will there be any issue during the
interview ?

Can someone throw some ideas ?
 
getting H4 Visa stamp is one alternative

to show valid status, having the latest H4 visa stamp in passport is an alternative generally(going out of the country and getting the H4 stamp in passport) - but since you are so close to your CP interview now.. dont know how this could be achieved..

a friend of mine recently sent his wife to India exactly in this type of situation to get her the H4 stamping, to show valid status in application just before applying his 485.
 
should not be a problem ...as long as she did not overstay her i-94 ...

Take all the proof that u filed for I-539 ...UPS receipts, receipt from the Service Center etc...

But consulate would not bother .... they look for illegal stay / unemployment etc...
 
Did your friend had the same issue as bigblue is having?

I am under the same situation. Wife got H1 last yr, no job, no salary. Need to correct the status for CP or AOS, whatever I decide.

If your friend had same situation can you ask what papers he has sent his wife with for H4 stamp and whether she will mention H1 to Visa officer?
 
BigBlue what papers were filed for H1 to H4 transfer?

I am is the same situation as yours. My wife has had her H1 since last yr and no job so far.

What papers did you use to file for her H1 to H4 transfer? Did you show that she was working and that she was recently laid off?

Any help will be appreciated.

Thanks,
BladeRunner
 
guys read my reply ... u all should be fine ...just file for the change of status

i.e I-539 .... Consulates do not have the authority to deny on the reason for "out of status" ...they can only do so for "unlawful status". So apply for 539 and take it as a proof if asked.

Infact if you go the I-485 route then u have a problem of out of status, which INS can use against the applicant. Then too if it has been less than 6 months then u can use 245(k) to file 485 and u would be fine.

Hope it helps....DO TALK WITH A LAWYER ...
 
Im9999 please respond

I have similar situation. My spouse overstayed less than 180 days after I got laid off from work. I 94 was still valid for another year. The overstay was from termination of my employment with valid I94. This was over 3 years ago. Is it safe to go for consular processing. Any body with any experience please respond. My spouse has not been in the country since then. Thanks
 
No Title

Nothing. Only my H1 is submitted along with the application.y lawyer
didn\'t ask for her pay stubs nor her h1 papers...
 
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