Wife having H1 but in India with no opportunities.

[Nishant Kumar]

Hi,

Please help me with my case here on how to proceed. Really banking on any good advise.

My Status: I have a H1B with employer A which is expiring in 1st week of August 2017. I am currently in US and my employer has filed for an extension 2 weeks back and i will get it after few months as premium filings has been stopped for next 6 months.

My Wife's Status: She has H1B with employer B but currently no onsite opportunity with B.

Approach 1: Wife wait for opportunity which is not feasible for atleast next 1 year. We have a small baby and we want to live together. So i do not like this option.

Approach 2: I apply for visitor for my Wife and Daughter on B2. Once she gets B2 stamped, she will come to US. She will look for Consultancy who can file for H1B on her old petition. This way is risky as it can go RFE leading to H1B cancellation etc.

But is Approach 2 feasible technically. What are the ways to do it. Any tips on this will help.


Thanks

[raghvi]

Hi,

Please help me with my case here on how to proceed. Really banking on any good advise.

My Status: I have a H1B with employer A which is expiring in 1st week of August 2017. I am currently in US and my employer has filed for an extension 2 weeks back and i will get it after few months as premium filings has been stopped for next 6 months.

My Wife's Status: She has H1B with employer B but currently no onsite opportunity with B.

Approach 1: Wife wait for opportunity which is not feasible for atleast next 1 year. We have a small baby and we want to live together. So i do not like this option.

Approach 2: I apply for visitor for my Wife and Daughter on B2. Once she gets B2 stamped, she will come to US. She will look for Consultancy who can file for H1B on her old petition. This way is risky as it can go RFE leading to H1B cancellation etc.

But is Approach 2 feasible technically. What are the ways to do it. Any tips on this will help.


Thanks

Unfortunately, with premium suspended, it can be difficult, ideal would be to await your H1 approval and let spouse and baby go for H4 appointment. Your spouse can also try to get a H4 now with petition expiring in Aug 2017, and explain to the Consular officer the fact that your extension has been applied and she would apply too once in US.

This is my opinion not legal advice.

[Nishant Kumar]

My wife's H1 is already approved and stamped. Problem is she is not having opportunity from her present company.

[raghvi]

My wife's H1 is already approved and stamped. Problem is she is not having opportunity from her present company.

That should not prevent her from getting an H4.

This is my opinion not legal advice.