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H1/H4 stamping - Plz help!!!!

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  • H1/H4 stamping - Plz help!!!!

    Friends,

    I need your help in regards to our (me & my husband) visa stamping.

    Here is the situation:

    Both of us came on F1 visa from India and got married here in USA after our studies.

    I worked for two years for a company with one year of OPT and one year under H1. My case was approved for 2005 quota.

    In oct 2006, I left my job to take care of our baby. I changed my status to H4 since then.

    My husband is currently working on H1 visa.


    Now my questions are as below:

    1) Both of us were on F1 when we came two years back. Now we wish to do stamping for his H1 and my H4. Would there be any issues with respect to

    a)Our baby hold US citizenship. Could that be considered as reason for potential immigration?
    b)I came on F1, was on H1 for some period and now I am on H4 . Could there be any issues?



    2) We are considering the option of stamping via Mexico/Canada, as we have heard, its bit easy to get stamping done from those countries. Can you suggest us the right option?



    3) We are also exploring my status change back to H1B through a consultant and start working again. But we are confused if we should do it before our India trip or later. Any thoughts on this would be highly appreciated.


    We will be really grateful to any fellow member who can share his experience or give any advice.

    Thank you in advance.

  • #2
    H1 and H4 issues

    I need your help in regards to our (me & my husband) visa stamping.

    Here is the situation:

    Both of us came on F1 visa from India and got married here in USA after our studies.

    I worked for two years for a company with one year of OPT and one year under H1. My case was approved for 2005 quota.

    In oct 2006, I left my job to take care of our baby. I changed my status to H4 since then.

    My husband is currently working on H1 visa.


    Now my questions are as below:

    1) Both of us were on F1 when we came two years back. Now we wish to do stamping for his H1 and my H4. Would there be any issues with respect to

    a)Our baby hold US citizenship. Could that be considered as reason for potential immigration?

    ---- H1 Visa is dual intent Visa (meaning you can work in the US and apply for a green card) and the question of potential immigration does not arise. The baby being a US Citizen has nothing to do with your H1 Visa

    b)I came on F1, was on H1 for some period and now I am on H4 . Could there be any issues?

    ---- If you were on different Visas during the past few years that proves your status was clean and legal

    2) We are considering the option of stamping via Mexico/Canada, as we have heard, its bit easy to get stamping done from those countries. Can you suggest us the right option?

    ---- It is only taking a chance. If you are successful then good luck. Many a times Yes, if you have qualifications from the US then applying from Mexico/Canada does work in your favor. But as with these issues no assurances

    3) We are also exploring my status change back to H1B through a consultant and start working again. But we are confused if we should do it before our India trip or later. Any thoughts on this would be highly appreciated.

    ---- It looks like you want every option in your favor like: 1. Go to Mexico/Canada and get the Visa; 2. apply for H1 while in the US; 3. Travel to India and back and also be concerned as in Q1 (a and b)

    ---- You may have to weigh your options before you decide as below:

    -- If you apply for H1; then wait (in US) till that is approved and then go for a vacation to India and at the same time get your H1 Visa stamped and return to the US

    ---- If you have to go to India before the approval and if USCIS gets the information about your departure then your H1 approval will be at stake. USCIS gets the information about you leaving the country through the submission of your I-94 to the airline/airport authorities at the time of your departure

    ---- This is by no means any legal advice, but just a thought

    Subramanya

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    • #3
      Thanks a bunch for addressing all my questions.
      As you said, we will definately weigh the options and decide.

      Thank you once again!!

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