Hi,
I have a question regarding the H4 for my wife. She was in US on H1 before but in Oct she filed H1 to H4 transfer (I-539) on the basis of my H1 and quit her job. In Dec, we went to India and she is still India. Her I539 application is sill pending in Vermont processing center while her appt at Chennai consualate is coming closer (28th Feb). Depending on the current rate at which Vermont is procesisng these request, it would not be done.
I spoke to my lawyer about my options and she said my wife does not need I-539 approval to get her H4 visa. It would all depend on my H1 papers that I would have to send. Is that true? I got confused with her response and have a question on the filing of her transfer (H1 - H4). I want to know under what circumstances:
- One would file H1 - H4 transfer.
- One could directly go to American consulate in India and get H4 VISA (with out H1 - H4 transfer). Does this change if the person was working in US on H1 prior to this.
Could my wife (who is in India for past 2 months) go for H4 visa at Chennai consulate without I-539 approval with all my H1 documents. Would her prior H1 status has any role in this.
I would really appreciate your response in this matter.
Thanks.
I have a question regarding the H4 for my wife. She was in US on H1 before but in Oct she filed H1 to H4 transfer (I-539) on the basis of my H1 and quit her job. In Dec, we went to India and she is still India. Her I539 application is sill pending in Vermont processing center while her appt at Chennai consualate is coming closer (28th Feb). Depending on the current rate at which Vermont is procesisng these request, it would not be done.
I spoke to my lawyer about my options and she said my wife does not need I-539 approval to get her H4 visa. It would all depend on my H1 papers that I would have to send. Is that true? I got confused with her response and have a question on the filing of her transfer (H1 - H4). I want to know under what circumstances:
- One would file H1 - H4 transfer.
- One could directly go to American consulate in India and get H4 VISA (with out H1 - H4 transfer). Does this change if the person was working in US on H1 prior to this.
Could my wife (who is in India for past 2 months) go for H4 visa at Chennai consulate without I-539 approval with all my H1 documents. Would her prior H1 status has any role in this.
I would really appreciate your response in this matter.
Thanks.
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