L2 To H1 To H4 Visa Stamping

[sheegu]

1) My wife travled to US on L2 visa in FEB 2004 as my dependent.
2) OCT 2004 i changed my employer and VISA status to H1 from L1, mean while she also changed her visa to H1

we both never got H1 visa stamped in passport as we never went out of country.

due to medical reasons my wife didn't work and she doesn't have any pay stubs.

Now in Jan -06 she is going to india and i am planning to change her status from H1 to H4 .

Will there be any issues when i apply to chamge her status from H1 to H4?

When she goes for visa stamping will there be questions regarding her h1 visa ?
does she need to show her pay stubs when she was on H1 visa.

Please advise me at the earlist?

[Nishant]

A person can be either on H1 visa or H4 visa and cannot be on both at same time.

When you changed yours to H1, she could have got H4 at the same time.

If she continued on H1 and did not work, you need to have documental proof that she was employed to convince the authorities about her valid status during which she does not have pay stubs.

[sheegu]

Nishant,
Thanks a lot for your reply.
When i changed to H1 she also changed her status from L2 to H1 but now after a year or so when i apply for H4 does she need to have documental proof for the previous visa status.
She has no intention to continue her H1 .

[Nishant]

Let me give some guidelines for your checking.

1) Total period for H visa is 6 years. Total period for L visa is 5 years for L1B and 7 years for L1A.

2) H & L visa periods are counted together.

3) When you are on H or L visa, there is a need to prove your status for which pay stubs are often used to prove that person was working and hence maintaining legal status.

4) H4 and L2 are dependent status on principal holding H1 or L1 visa respectively. When principal loses H1 or L1 status, dependents automatically lose status. Even if I-94 is valid upto future date, it doesnot help.

[sheegu]

Hi Nishant,
She was on H1 and pregnant so couldnot do job for year or so. She went to india.Now she doesn't want to work. So iam applying H4 for her.my question is
1 whether it is consider as status change from H1 to H4 ?or fresh H4?Do they ask anything reguarding H1 n pay stubs? Does she have any problem getting H4 stamped.

Please advise ...

Let me give some guidelines for your checking.

1) Total period for H visa is 6 years. Total period for L visa is 5 years for L1B and 7 years for L1A.

2) H & L visa periods are counted together.

3) When you are on H or L visa, there is a need to prove your status for which pay stubs are often used to prove that person was working and hence maintaining legal status.

4) H4 and L2 are dependent status on principal holding H1 or L1 visa respectively. When principal loses H1 or L1 status, dependents automatically lose status. Even if I-94 is valid upto future date, it doesnot help.

[Nishant]

Visa clock is reset if a person spends 365 days or more outside US without any visit to US in between this period.

[sheegu]

Nishant,
My main concern is , she was not working on H1 visa and right now she went to india for her brothers marriage with my daughter who is USA citizen, she H4 visa appointment on March 2 2006,
will there be any problem for H4 visa because of her previous status was H1 and didn't work.

Regards
Nagaraj

[veena_swsh]

Hi Sheegu,
Your wife's H4 will go through smoothly if you have provided all details and documentation of your timeline/employment in the US. She will have to give a pertinent reason for having been on H1B and not worked. It is not clear from your postings how long your wife has remained on H1B without a pay. As you might know, being on h1B and not working or paid will amount to being out of status. Therefore the reason that she gives for having remained idle should be logical and if possible supported with good documentation. H4 issuance is entirely based on your H1B. Your wife will have to do some talking to get her visa through.