What happens if H1 got rejected

K

kishore_s

Registered Users (C)
Hi,

I am here on H1B and my wife came here 3 years back on h4. She then got a job and working on H1 from past 1 year. Now she went to India for H1B stamping. What happens if there is any problem in her H1B approval..? Can she come back to US with her old H4 Visa ( which is still valid till Sep'04).

Thanks
Kishore
 
I am here on H1B and my wife came here 3 years back on h4. She then got a job and working on H1 from past 1 year. Now she went to India for H1B stamping. What happens if there is any problem in her H1B approval..?
Can she come back to US with her old H4 Visa (which is still valid till Sep'04).
------ YES, but she will be admitted on H4 status and cannot work on H1 because her latest I-94 that she will get at POE will have H4 status. If she wants to enter on H4 better send your H1 approval notice+ your 2-3 recent pay stubs to her she can show if asked at POE if her H4 visa is till sep 04 and your H1 has validity more than September 2004 then she can show your H1 approval notice and she will get new I-94 till your H1 approval date

*** if she wants to work on H1 then she must get H1 Visa stamp and enter with H1 Visa stamp
 
Thanks ginnu. I her H4 visa is valid till Sep'04 and I have my new H1 approval till Dec'06.

But accorder to INS records she is on H1. Will there be any problen at POE if she wants to come back on H4... Ofcourse this situation will come only if there is any problem in her H1 visa stamping...

Thanks
 
Will there be any problen at POE if she wants to come back on H4...
--- no problem if she wants to enter on H4 with valid H4 visa and want to be on H4 status
 
Thanks...

Final clarification. Her H4 visa was stamped when I was working for company X. (Valid till Sep'04). But now I am working for company Y for which I have valid visa till 06 but not stamped yet. Can she still come on her old H4 and showing my new h1 and pay checks..?

Thanks
Kishore
 
Final clarification. Her H4 visa was stamped when I was working for company X. (Valid till Sep'04). But now I am working for company Y for which I have valid visa till 06 but not stamped yet.
Can she still come on her old H4 and showing my new h1 and pay checks..?
---- Yes, her H4 is linked to your H1B it does not matter if you work with X or Y you must be on valid H1 and she can show your new H1 approval and her passport Visa. If she shows only her passport Visa then she will get I-94 till the validity of H4 visa. if she shows passport Visa stamp AND your latest H1 approval she will get I-94 till your H1 approval notice. If the new POE officer does not give her I-94 till your H1 approval notice and try to give her I-94 till her H4 visa stamp she can ask for supervisor and will get I-94 till your H1 approval notice

** she should show your employer letter that you are working on H1 with X or Y and pay stubs ONLY if asked to show
 
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