URGENT!!!...How to transfer H1 to H4 along with spouse H1 revalidation in India

P

pkgupta

New Member
Hi,
I am currently on H1 which is valid till Nov 2007. My wife so far is on H1 but now has plans of changing it to H4. Both of us do not have a valid stamp on our passports and revalidation is required. We are planning to go to India soon and have plans to do the foll:
1. I would revalidate my VISA based on my current H1B.
2. My wife would file for H4 and get her passport stamped with the new H4 VISA (based on my current H1B). It would be a H1 to H4 transfer for her.

I know the procedure for # 1 but not sure how to go about #2. Is it possible to get #1 and #2 done at the same time at Chennai consulate. Would H1 to H4 transfer for my wife be through I-539 or a different procedure since it's to be done in India. What docs are needed to transfer the VISA (H1 to H4) in India.

There is an emergency in India and we can not wait for my wife to do her VISA transfer (H1 to H4) in US which generally takes 2-3 months. Please help us to figure this out. Please do suggest any other alternaive, if exists.

Thanks in advance..
PG
 
Hi ,
I'm also in the same situation as your wife's.Can you please let me know if you have found any way out....
Thanks
Deepu
 
pkgupta said:
Hi,
I am currently on H1 which is valid till Nov 2007. My wife so far is on H1 but now has plans of changing it to H4. Both of us do not have a valid stamp on our passports and revalidation is required. We are planning to go to India soon and have plans to do the foll:
1. I would revalidate my VISA based on my current H1B.

2. My wife would file for H4 and get her passport stamped with the new H4 VISA (based on my current H1B). It would be a H1 to H4 transfer for her.
---------------- that is correct
I know the procedure for # 1 but not sure how to go about #2. Is it possible to get #1 and #2 done at the same time at Chennai consulate.
-----------yes
Would H1 to H4 transfer for my wife be through I-539 or a different procedure since it's to be done in India.
------------I-539 is filed if one wants to change/extend status in US trough USCIS
What docs are needed to transfer the VISA (H1 to H4) in India.
----------- she will get H4 visa stamp based on yourH1 approval
There is an emergency in India and we can not wait for my wife to do her VISA transfer (H1 to H4) in US which generally takes 2-3 months. Please help us to figure this out. Please do suggest any other alternaive, if exists.

Thanks in advance..
PG
Click to expand...
 
a little more twist

I am on H1B for last few months as a consultant and do not have any projects yet - and not paid yet. I joined the company in July 2005 (I have F2 visa stamped on my passport which is valid untill next year - but my husband changed from F1 to H1B with effect from july 2005). I was thinking that assuming this period of 3 months as going on leave without salary will keep me in legal status (the company said they can give a letter in that regard). However, one friend last week said it might not work. Now I am worried and am thinking of going back to India and apply for H4 based on my husband's H1B. The question is,
1. Am I out of legal status?
2. If I am out of status, will there be a problem if I go to india and apply for H4 based on my husband's H1B? Does H4 get denied based on my H1B history?
Thanks
 
deepuraj said:
I am on H1B for last few months as a consultant and do not have any projects yet - and not paid yet. I joined the company in July 2005 (I have F2 visa stamped on my passport which is valid untill next year - but my husband changed from F1 to H1B with effect from july 2005). I was thinking that assuming this period of 3 months as going on leave without salary will keep me in legal status (the company said they can give a letter in that regard).

---what about the past months? they need to pay you minimum according to LCA if you joined then on H1.
However, one friend last week said it might not work. Now I am worried and am thinking of going back to India and apply for H4 based on my husband's H1B. The question is,
1. Am I out of legal status?
---------- you are out of status but USCIS may not dicover it. your stay in US is not illegal if you have valid I-94
2. If I am out of status, will there be a problem if I go to india and apply for H4 based on my husband's H1B? Does H4 get denied based on my H1B history?
---------- all depends on consulate officer.H4 is based on spouse H1 status. you need to talk to your lawyer for more info

Thanks
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