Wife applying for H4, AP pending in US

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worried_sick

Registered Users (C)
Jaxen, please advise

My wife and I got married here in the US, while she was no F1. My company filed for our AP/I485/I140 shortly after. Now, she left for india on vacation, on dec 10th. My lawyer said she should file for her H4, which she did. Now I'm reading on several websites that the chennai consulate (where she has applied) is denying H4, if the primary does not have a H1b stamp (I came here on f1, and switched to h1b). Now in case her H4 gets denied, can she still come back on her F1?? I know it will be abandoning her AOS, but I just want her to come back.
Since we have concurrent filing, with TSC, I don't know how long it will be before our AP is approved, which the company laywer mentioned is our last resort.
What should we do, if her H4 is denied? Have her come back on F1, or wait for months and have her come back after AP approval?
 
Yes, she can come into US using F1 as long as you are ok with the abandoning of AOS.
However the real problem is that , when they reject H4, chennai consulate people will also cancel F status. F visa holders should not travel out of US when AOS and AP is pending .
Of course your spouse can wait till AP is approved and come back.
OR if F visa is not cancelled by chennai consulate, there is some hope.
With an AOS pending , F visa holder's non immigration intent is no longer provable...
 
Chances of H4 denial

Jaxen,

What do you think the chances are of her H4 being denied, given

1. Our marriage was a court marriage in the US, hence we did not submit any pictures/invitation

2. I do not have a H1b stamp in my passport, since I came here on F1 and changed to H1b, after graduating from college

I emailed the chennai consulate about 1, and they replied that you may apply, and the visa officer will decide in your case. Also, to further prove the legitimacy of our marriage, we turned in joint bank account statements, joint insurance forms, and the letter from my company, also mentions her as my wife, applying for H4.

Thanks again Jaxen.
 
Worried_sick,

Since your H1 petition is approved, is it possible that you can go to India to get H1 stamped so your wife could get a H4. Its expensive, however her AOS is not abandoned.
 
Going to india for H1b stamp

Ahh, but you see, I'm a citizen of Bangladesh. And to top it off, I got my F1 visa issued in the United Arab Emirates. If I do go to chennai for visa stamping, they'll probably refuse, since I'm not from India, and in case they do accept, I might be stuck for a long time, while they run the FBI checks on my background.

I could wait for AP approvals, and then go, but since our RD is 12/02/02, with I-140 concurrent filing, even getting AP could take months!
 
H4 approved!!

To all -
Thank you all for listening to my woes and answering my questions...my wife's H4 application got approved, inspite of the following

1. No wedding pictures, as it was a court marriage in US
2. No H1b stamp on my passport
3. Her passport does not have my name endorsed

Thank god!!
 
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