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  • Confusion on H-4 Stamping

    Hi All - Please can you help suggest to my situation? I initially came to US in 2010 on H-4 Visa and later filed for H-1B in 2012 and got H-1B. However, I didn't work on H-1B during my stay in US and moved back to India in February 2014. Now, I want to apply for H-4 Visa stamping under my husband's H-1 visa. Does consulates in India know that I already had H-1B issued? (I never been for a H-1B Stamping/got visa) - Only my H-1B petition got approved, but I didnt work. I was told by my friend not to disclose H-1B details on my DS 160 for H-4 visa. Can I do this? I dont want to get my H-4 visa rejected. Please help suggest.

    Thanks a lot,
    Bunny10

  • #2
    Originally posted by bunny10 View Post
    Hi All - Please can you help suggest to my situation? I initially came to US in 2010 on H-4 Visa and later filed for H-1B in 2012 and got H-1B. However, I didn't work on H-1B during my stay in US and moved back to India in February 2014. Now, I want to apply for H-4 Visa stamping under my husband's H-1 visa. Does consulates in India know that I already had H-1B issued? (I never been for a H-1B Stamping/got visa) - Only my H-1B petition got approved, but I didnt work. I was told by my friend not to disclose H-1B details on my DS 160 for H-4 visa. Can I do this? I dont want to get my H-4 visa rejected. Please help suggest.

    Thanks a lot,
    Bunny10
    Was the H1 approved as COS and the approval notice came in with a new I-94? If yes, then not having worked or nto getting paid makes you out of status during that period of stay in US.

    Consulate will surely know that you had applied and got H1 visa so no point lying about it. You not maintaining valid status on H1 should not negatively affect your H4 visa . But if at all in future you try to transfer the H1 or move back to H1 or during GC processing it can come up.

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by raghvi View Post
      Was the H1 approved as COS and the approval notice came in with a new I-94? If yes, then not having worked or nto getting paid makes you out of status during that period of stay in US.

      Consulate will surely know that you had applied and got H1 visa so no point lying about it. You not maintaining valid status on H1 should not negatively affect your H4 visa . But if at all in future you try to transfer the H1 or move back to H1 or during GC processing it can come up.

      This is my opinion not legal advice.
      Hi Raghvi - Thanks for letting me know. What is COS? My recent I-94 is based on my H-4 visa. I do not have an I-94 after I received the H-1. For now am only thinking of moving on H-4 and not thinking about moving back to H-1

      Comment


      • #4
        Originally posted by bunny10 View Post
        Hi Raghvi - Thanks for letting me know. What is COS? My recent I-94 is based on my H-4 visa. I do not have an I-94 after I received the H-1. For now am only thinking of moving on H-4 and not thinking about moving back to H-1
        If your H1 Approval I797 has a I-94 as lower half and states something like "“Please tear off Form I-94 Printed below" then it means your H1 was applied as COS (Change Of Status) from H4 to H1.

        This is my opinion not legal advice.

        Comment


        • #5
          Originally posted by raghvi View Post
          If your H1 Approval I797 has a I-94 as lower half and states something like "“Please tear off Form I-94 Printed below" then it means your H1 was applied as COS (Change Of Status) from H4 to H1.

          This is my opinion not legal advice.
          Hi Raghvi - Thanks so much. I see that at the bottom of I-797, under "Detach this half for personal records", it has the receipt number and I94 printed with my name and class as H-1B. So, it appears they may have my H-1B record with them. Can you please suggest if I apply for H-4 now, would they pull me to H-1 details and ask about it? I mean - would there be any issues for my H-4 visa, given the fact that I had H-1B, but never worked and moved outside US? (Technically, I was in US for 15 months after receiving H-1B, but not working). Please, can you help suggest on my situation?

          Comment


          • #6
            Originally posted by bunny10 View Post
            Hi Raghvi - Thanks so much. I see that at the bottom of I-797, under "Detach this half for personal records", it has the receipt number and I94 printed with my name and class as H-1B. So, it appears they may have my H-1B record with them. Can you please suggest if I apply for H-4 now, would they pull me to H-1 details and ask about it? I mean - would there be any issues for my H-4 visa, given the fact that I had H-1B, but never worked and moved outside US? (Technically, I was in US for 15 months after receiving H-1B, but not working). Please, can you help suggest on my situation?
            Well technically you were out of status for 15 Months. It may come up during interview but as the visa requested is H4 may not too. Irrespective you should still go ahead apply for H4 and if questioned about H1 can say you didnt have work/whatever was the actual reason.

            This is my opinion not legal advice.

            Comment


            • #7
              Originally posted by bunny10 View Post
              Hi Raghvi - Thanks so much. I see that at the bottom of I-797, under "Detach this half for personal records", it has the receipt number and I94 printed with my name and class as H-1B. So, it appears they may have my H-1B record with them. Can you please suggest if I apply for H-4 now, would they pull me to H-1 details and ask about it? I mean - would there be any issues for my H-4 visa, given the fact that I had H-1B, but never worked and moved outside US? (Technically, I was in US for 15 months after receiving H-1B, but not working). Please, can you help suggest on my situation?
              Hi Raghvi - One question on I-94: The I-94 number that has on my H-1B (Form 1797) at the bottom, doesn't match with my I-94 that I had before

              Comment


              • #8
                Originally posted by bunny10 View Post
                Hi Raghvi - One question on I-94: The I-94 number that has on my H-1B (Form 1797) at the bottom, doesn't match with my I-94 that I had before
                Doesnt matter, hand over all I-94s including this one to th eairline staff at the time of your Exit from US.

                This is my opinion not legal advice.

                Comment


                • #9
                  Originally posted by raghvi View Post
                  Doesnt matter, hand over all I-94s including this one to th eairline staff at the time of your Exit from US.

                  This is my opinion not legal advice.
                  Hi Raghvi - Sorry, for some reason only a portion of my question was posted. Actually my question is:

                  The I-94 on H-4 has a valid date thru 18-April-2014, but the I-797 at the bottom of the H-1 that I received in Oct 2012, had a different I-94 number(i.e. the I-94 admission number on my H-4 is different and I-94 on I-797 is different. I was told by my friend that because I never departed US using H-1/had H-1B stamping, the India consulate would anyways doesn't know about the H-1B that was issued to me until I provide them with the EAC number. So, to my situation - he said using the valid I-94 & I-797 that I had on my H-4 Petition would work and no reason to share with India consulate about my H-1B details as they anyways are not aware... But, my only point is: Does the I-94 number on my H-1B supercedes the I-94 per H-1 and does India consulate also have this H-1B information, including H-1's I-94 at the bottom? Please can you suggest. Your information is very useful for me.

                  Thank you so much
                  Bunny

                  Comment


                  • #10
                    Originally posted by bunny10 View Post
                    Hi Raghvi - Sorry, for some reason only a portion of my question was posted. Actually my question is:

                    The I-94 on H-4 has a valid date thru 18-April-2014, but the I-797 at the bottom of the H-1 that I received in Oct 2012, had a different I-94 number(i.e. the I-94 admission number on my H-4 is different and I-94 on I-797 is different. I was told by my friend that because I never departed US using H-1/had H-1B stamping, the India consulate would anyways doesn't know about the H-1B that was issued to me until I provide them with the EAC number. So, to my situation - he said using the valid I-94 & I-797 that I had on my H-4 Petition would work and no reason to share with India consulate about my H-1B details as they anyways are not aware... But, my only point is: Does the I-94 number on my H-1B supercedes the I-94 per H-1 and does India consulate also have this H-1B information, including H-1's I-94 at the bottom? Please can you suggest. Your information is very useful for me.

                    Thank you so much
                    Bunny
                    US Consulate has enough resources to determine what you have been doing in US so wouldn't suggest hiding/lying about anything. Worst case they put you in admin processing, will do a background check and eventually come up with your H1 petition details. It can do more harm to not disclose something and they find it out through other resources. After all USCIS approved your H1 petition and would have the details.

                    As mentioned earlier, submit the I-94s while departing and if there is any place requiring to disclose about H1 do so.

                    As you are attending H4 visa stamping they would typically not be worried about you not having maintained valid H1 status.

                    This is my opinion not legal advice.

                    Comment


                    • #11
                      Originally posted by raghvi View Post
                      Was the H1 approved as COS and the approval notice came in with a new I-94? If yes, then not having worked or nto getting paid makes you out of status during that period of stay in US.

                      Consulate will surely know that you had applied and got H1 visa so no point lying about it. You not maintaining valid status on H1 should not negatively affect your H4 visa . But if at all in future you try to transfer the H1 or move back to H1 or during GC processing it can come up.

                      This is my opinion not legal advice.
                      Hi Raghvi - Thanks so much for your value added inputs and sharing your opinion. I will inthat case plan to disclose H-1 details on my DS-160 for my H-4 Stamping. crossing fingers and I wish they do not ask much around H-1B details. I just need H-4 visa to arrive back to US. Thanks a lot for your suggestion. My friend suggested that I take my kid along with me for stamping and that would be a cutting edge where the officer would try to push mom with kids soon and do not ask much.. That sounds like a good idea.. Do you even think so? can you please shed some light on this.

                      Regars,
                      Bunny

                      Comment


                      • #12
                        How old is your kid?

                        Though families with small kids do get preferences in terms of wait time etc, but it wouldn't negatively or positively affect your chances of a successful H4.

                        This is my opinion not legal advice.

                        Comment


                        • #13
                          Originally posted by raghvi View Post
                          How old is your kid?

                          Though families with small kids do get preferences in terms of wait time etc, but it wouldn't negatively or positively affect your chances of a successful H4.

                          This is my opinion not legal advice.
                          Raghvi - She is 3.5 years old.

                          Regards,
                          Bunny

                          Comment


                          • #14
                            As said, you may get preference in terms of wait time or jumping the line etc. But H4 solely will depend upon your spouse's H1 status.

                            I hope your past H1 mess up would not have a negative bearing. I personally feel it will not.

                            This is my opinion not legal advice.

                            Comment


                            • #15
                              Originally posted by raghvi View Post
                              As said, you may get preference in terms of wait time or jumping the line etc. But H4 solely will depend upon your spouse's H1 status.

                              I hope your past H1 mess up would not have a negative bearing. I personally feel it will not.

                              This is my opinion not legal advice.
                              Thanks Raghvi - Your opinion brings me a lot of confidence. My Husband H-1 is always active and is in good status. I will have my kid accompany me to benefit the line jump. Thanks so much for sharing your opinion.

                              Comment

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