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Hi,
I have some queries on my wife's H4 visa/petition could you please help me by resolving my queries on the same
We had applied for my wife's H1B Visa during this year's selection through an external agency in the US with her I-94 (COS) when she was in the U.S., and her petition has been picked in the lottery and we have been provided with the EAC number. On April 15th she had to travel to India due to some personal emergency, when her petition approval process was going on and she is currently in India. My petition expires on August 28th 2015 and I will be applying for an extension sometime soon and her H4 extension as well. Considering that her petition will be approved sometime in June/ July, here are the queries that I have on the same
1. If her H1B petition is approved, can she still return back to the U.S. on September 19th on a H4 visa and then apply for a H1B change of status after October 1st 2015?
2. Since my petition is expiring on August 28, 2015 and I will be travelling in late August 2015 to India can we attend the Visa Interview for a H4 visa (now she has approved H1B petition, around September 1st/2nd week) before she can travel to the US on September 19th OR can she attend only a H1B visa interview? Will the fact that she holds an approved H1B petition when she attends the visa interview cause any complications. Also, would the COS be valid in this case?
3. Since her H1B petition was applied with a I-94 when she was in the U.S. does her travel back to the U.S. on a H4 after her visa interview void the H1B petition in anyway?
The basic premise of the queries above is the ensure that her travel back to the US on a H4 visa on September 19th does not affect her H1B petition status in any way, so that she can become eligible for work after October 1st, 2015. Your detailed response in this matter will be a great source of support and will help us plan things accordingly. Thanks!
I have some queries on my wife's H4 visa/petition could you please help me by resolving my queries on the same
We had applied for my wife's H1B Visa during this year's selection through an external agency in the US with her I-94 (COS) when she was in the U.S., and her petition has been picked in the lottery and we have been provided with the EAC number. On April 15th she had to travel to India due to some personal emergency, when her petition approval process was going on and she is currently in India. My petition expires on August 28th 2015 and I will be applying for an extension sometime soon and her H4 extension as well. Considering that her petition will be approved sometime in June/ July, here are the queries that I have on the same
1. If her H1B petition is approved, can she still return back to the U.S. on September 19th on a H4 visa and then apply for a H1B change of status after October 1st 2015?
2. Since my petition is expiring on August 28, 2015 and I will be travelling in late August 2015 to India can we attend the Visa Interview for a H4 visa (now she has approved H1B petition, around September 1st/2nd week) before she can travel to the US on September 19th OR can she attend only a H1B visa interview? Will the fact that she holds an approved H1B petition when she attends the visa interview cause any complications. Also, would the COS be valid in this case?
3. Since her H1B petition was applied with a I-94 when she was in the U.S. does her travel back to the U.S. on a H4 after her visa interview void the H1B petition in anyway?
The basic premise of the queries above is the ensure that her travel back to the US on a H4 visa on September 19th does not affect her H1B petition status in any way, so that she can become eligible for work after October 1st, 2015. Your detailed response in this matter will be a great source of support and will help us plan things accordingly. Thanks!
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