Guestbook Entry for Nizam A, United States
Name
Nizam A
Country
United States
State
IL
H-4 Visa
Successful H1 and H4 Stamping Experience
State
New Delhi
Email
email@email.com
I will begin with a sincere thanks for all the information I have got from these forums over the last few months and the amount of confidence I have gained through it.
Now, its my turn give back something by sharing my experience and hope this helps in giving some information to the others like me.
My visa was scheduled for 08:15 AM I reached the car parking in the nearby Malcha Marg parking by 7:45 AM. It is few minutes walk from there. I reached embassy by 7:55 or so. I was with my wife who would get an H4.
Radio Show, 2013, August 1, Immigration Reform, H-1, H-4, Green Card and Naturalization
Citizenship and Naturalization
Immigration Law
Green Card
H-1 to H-4
Question details
My spouse and I work for the same IT company. My spouse who is on H-1B visa is already in the US and my H-1B is under process, hoping to get it stamped latest by October 13th. I plan to quit my current job after stamping is over(may be in Oct13) and join my spouse on dependent visa (H-4).
1) When I apply for H-4, will my H-1B be valid or my company will cancel my H-1B?
2) Assuming H-1B still remains valid after my H-4, can I apply for change of status to H-1 later and search for jobs while on H-4?
3) How long does it take for change of status from H-4 to H-1?
1. H-1 cancellation (revocation) is not automatic, but the company would have to be extremely ill-informed not to revoke the H-1. They must.
2. You can revert back to H-1 from H-4. You will not be subject to quota.
3. The same time as a new H-1. Apply premium if in a hurry.
Status of H-4 Dependents When H-1B is Denied
Question details
If my H-1B petition is denied by USCIS, or withdrawn by my employer, what happens to my H-4 dependents?
If you are no longer in valid H-1B status, your dependents’ H-4 petitions will no longer be valid either.
Guestbook Entry for Nakul Saluja, India
Name
Nakul Saluja
Country
India
State
Delhi
Comment
Dear Rajiv Ji, I am really happy to inform you that our H-1B/ H-4 interview at US Embassy, New Delhi was successful and that we both have received our stamped passports from the Embassy too. I would really like to thank you for all your valuable guidance and help. Thanks again! Nakul
Radio Show, 2013 June 26
Immigration Law
Applying for Spouse after H-1B Approval
Question details
I am planning to come to the U.S. to work. The company that is going to file the H-1 petition for me tells me that they will not need to file any petition for my wife. I want her to accompany me to the U.S. What do we need to do?
The company will file your H-1B petition and, after you receive your H-1B approval, your wife should accompany you to the consulate to apply for her H-4 stamping in order to come with you to the U.S. as your dependent.
Exploring Other Options During H-1 Transition
Question details
As my husband's H-1 expires, we are moving back to India around August/September. I am exploring options to quit my job (also on H1) in the last 2-3 months, but since this is a short period, I'm looking for the most convenient and economical transition. Can you please advise:
- Convert to H4: What is the expense incurred and how much in advance would I have to apply for this?
- I have a tourist visa that is valid till 2016- can I take advantage of this?
- Is there a grace period after leaving a job here (giving up your H1) that I can take advantage of if I time it properly?
You will need to figure out the filing fees for Form I-539 (used for H-4). You can convert to tourist visa (status) if you leave USA and reenter using the tourist visa. To let you back in or not would be at the discretion of the CBP officer who interviews you.
Applying H-4 Visa for Spouse During H-1 Processing
Question details
My company is processing my H-1B application. Is there any information regarding dependents that will be accompanying H-1B applicant to US at the of filing petition ? What is the process to apply for dependent visa (H-4) for my spouse?
If you are outside USA, only H-1 is processed here. H-4 is done at the consulate when you go apply for H-1
I sincerely appreciate the service provided by Rajiv's Law office and his team, they help me at every stage of my GC as well H1/H4 renewal. They were prompt in every stage which is crucial I believe and the expertise in their field is outstanding. Thank you again.
Nizam