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Visa

H1B, H4 Visa

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H4 Visa Interview - Out of Status in previous visit
VisaOfficer: Give me your Documents
BinduTadivaka: (I gave my Passport, I-797 and I-797 Employer Copy. When the Officer is referring to the I-797 Employer Copy, I told him that it’s the Employer Copy, and he said, he got it.)
VisaOfficer: Is it a H1?
BinduTadivaka: It’s H4.
VisaOfficer: Who is the Employer?
BinduTadivaka: Crystal Data LLC
VisaOfficer: Can I see your Husband’s Visa?
BinduTadivaka: He did not get his Visa stamped, because his H1 has been an extension in US. (Officer said he got that.)
VisaOfficer: How long have you been married?
BinduTadivaka: 5 ½ years
VisaOfficer: Do you have a United States Citizen child?
BinduTadivaka: Yes
VisaOfficer: How old is he?
BinduTadivaka: 3 years 5 months old
VisaOfficer: Where are you going to stay in US?
BinduTadivaka: Baltimore, MD
VisaOfficer: Are you visiting here?
BinduTadivaka: No… I have been here since 3 years… (I was about to continue..)
VisaOfficer: So, all the while you have been staying here and your husband has been staying there??
BinduTadivaka: I stayed in US for 6 years… (I was about to continue…)
VisaOfficer: Ohh... you have been on H1.
BinduTadivaka: My I-94 expired and my Employer filed H1B petition before the I-94 expiry. But the petition has been pending for a long time. And when my son was born, I have decided not to work and left the country. I was under the impression that I have a 3 year bar or something like that… But recently my attorney told me that I was out of status, but have NO UNLAWFUL PRESENCE. (I was assertive when I said the last sentence. The Officer seemed totally convinced at this point.)
VisaOfficer: Who was your Employer in United States?
BinduTadivaka: I had multiple Employers. Brandon Group Inc., Wipro Technologies, Sozoh Inc, First Tek
VisaOfficer: If you are on H4, you can happily stay at home…
BinduTadivaka: That (H4) is my only option. I am not trying to work until my son grows up.
VisaOfficer: Your Visa has been approved.
BinduTadivaka: Thank you very much… (I started crying…)
VisaOfficer: You’re OK?
BinduTadivaka: (I nodded my head communicating a “yes”.) Thank you very much… (Am crying even more…)
VisaOfficer: You’re happy right?
BinduTadivaka: (I nodded my head once again, which means a) “YES”
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