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H1 to H4 to H1 - Issues/Questions - Urgent: Please help!
Hi,
My name is Vijay and I have been on H1 for one and half years and came to Chennai, India for my stamping in December 2012. Unfortunately, I was given a white slip with 221(g) - Administrative Processing. I was asked to submit additional docs which I did within two days. I have been waiting for an update from the consulate about my visa since 20th December 2012. Today is 4th May 2013. Nothing yet.
Meanwhile, my wedding has been set in June. My fiance is on H1b working in Texas. The plan now is that if my H1b doesn't come through in time, I would apply for H4 based on my wife (after the wedding). I have some questions and assumptions that I would like to be clarified by anyone who has info/experience/knowledge in these issues.
1. Is there a bias against men applying for H4 based on their wife's H1b? This maybe mere hearsay, but I came across this in a couple of forums.
2. I understand that I will have to admit that my H1b was denied in the last 6 months and that I am applying for H4 now. Is this something that's not accepted well by the Visa officers?
3. I have seen the list of docs needed for H4 visa application. My spouse has hr H1b stamped already and will not be accompanying me for the interview. Will this be a problem?
4. My spouse works in Texas and I was working in Virginia. My return ticket is set for VA. After the wedding, my wife will return to Texas and I (hopefully my H4 comes through) return to VA to get my stuff and then move to Texas. Will this be questioned at the POE? Will it cause an issue if the spouse on whose H1b visa I have my H4 is in Texas and I arrive at VA?
5. I have read that someone who has had a valid I-797 and moves to H4, can apply for H1b again through any willing employer and will not come under the yearly H1b quota. Is this true for sure?
6. Can this Employer be the same who had filed my first H1b or does it have to be another employer for sure?
7. If it can be the same employer, I would assume that my first H1b petition will have to be withdrawn. Is this correct?
8. I have also read that even if I file for H1b with an employer (same or new), I wouldn't be able to start work until the approval comes through which is ideally Oct 1st. Is this true?
I see that I have asked a number of questions and may be a bit much, but I thought this would be better than asking one question per post.
I would really appreciate it if some of you could please take the time to read through my post and answer my questions to the best of your knowledge.
Many thanks in advance!
Vijay.
My name is Vijay and I have been on H1 for one and half years and came to Chennai, India for my stamping in December 2012. Unfortunately, I was given a white slip with 221(g) - Administrative Processing. I was asked to submit additional docs which I did within two days. I have been waiting for an update from the consulate about my visa since 20th December 2012. Today is 4th May 2013. Nothing yet.
Meanwhile, my wedding has been set in June. My fiance is on H1b working in Texas. The plan now is that if my H1b doesn't come through in time, I would apply for H4 based on my wife (after the wedding). I have some questions and assumptions that I would like to be clarified by anyone who has info/experience/knowledge in these issues.
1. Is there a bias against men applying for H4 based on their wife's H1b? This maybe mere hearsay, but I came across this in a couple of forums.
2. I understand that I will have to admit that my H1b was denied in the last 6 months and that I am applying for H4 now. Is this something that's not accepted well by the Visa officers?
3. I have seen the list of docs needed for H4 visa application. My spouse has hr H1b stamped already and will not be accompanying me for the interview. Will this be a problem?
4. My spouse works in Texas and I was working in Virginia. My return ticket is set for VA. After the wedding, my wife will return to Texas and I (hopefully my H4 comes through) return to VA to get my stuff and then move to Texas. Will this be questioned at the POE? Will it cause an issue if the spouse on whose H1b visa I have my H4 is in Texas and I arrive at VA?
5. I have read that someone who has had a valid I-797 and moves to H4, can apply for H1b again through any willing employer and will not come under the yearly H1b quota. Is this true for sure?
6. Can this Employer be the same who had filed my first H1b or does it have to be another employer for sure?
7. If it can be the same employer, I would assume that my first H1b petition will have to be withdrawn. Is this correct?
8. I have also read that even if I file for H1b with an employer (same or new), I wouldn't be able to start work until the approval comes through which is ideally Oct 1st. Is this true?
I see that I have asked a number of questions and may be a bit much, but I thought this would be better than asking one question per post.
I would really appreciate it if some of you could please take the time to read through my post and answer my questions to the best of your knowledge.
Many thanks in advance!
Vijay.
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