H1B to H4 conversion help needed

[heet_pink]

Hi,

My wife is currently on H1B since Oct 2010. I came to US as her dependent on H4 visa in March 2012. I later got job and my H1B was approved in Oct 2012. So I am doing job with my current employer since almost 1 and ½ years. Now my wife is planning to resign from the job and visit India immediately. She has to get her H4 visa stamped before returning to US.

My questions are,
1. Since I came as her dependent on H4 visa and later converted to H1B and I do not have H1B stamped yet on my passport, will she be denied H4 visa?
2. Can the VO ask her that your husband has to get H1B stamped before they approve H4 visa for her?
3. She is not planning to start doing to job again anytime soon, but she may want to work again on H1B (based on her existing H1B petition) after a year or so. What kind of questions VO can ask related to this matter? How can she ensure the VO that she is not planning to work?

We are worried because of all these questions. Please help us with answers.

Thanks,
Hitesh

[raghvi]

Hi,

My wife is currently on H1B since Oct 2010. I came to US as her dependent on H4 visa in March 2012. I later got job and my H1B was approved in Oct 2012. So I am doing job with my current employer since almost 1 and ½ years. Now my wife is planning to resign from the job and visit India immediately. She has to get her H4 visa stamped before returning to US.

My questions are,
1. Since I came as her dependent on H4 visa and later converted to H1B and I do not have H1B stamped yet on my passport, will she be denied H4 visa?
2. Can the VO ask her that your husband has to get H1B stamped before they approve H4 visa for her?
3. She is not planning to start doing to job again anytime soon, but she may want to work again on H1B (based on her existing H1B petition) after a year or so. What kind of questions VO can ask related to this matter? How can she ensure the VO that she is not planning to work?

We are worried because of all these questions. Please help us with answers.

Thanks,
Hitesh

1. If denial happens it will not happen for this reason alone. Even though you dont have H1B stamped in your passport, a I797 and associated I-94 proves your Change Of Status. As long as you have been maintaining valid H1 status and getting paid accordingly it should be fine.
2. Unless there is something wrong with yours or your employer's documents I dont think this will happen.
3. Visa Officers are more concerned about her proving marriage with you and you maintaining valid H1 status . Even if they ask, she can say she will think about it later , no big deal.

This is my opinion not legal advice.