Help needed-H4 stamping with new petition

[srinivas2k4]

All

I changed my employer from A to B.The consulate cancelled my wife's h4 visa when she went for our daughter's stamping with B company petition.
I am yet to go for stamping and i do not have all documents necessary for stamping.Can my wife go for H4 stamping with new petition in Chennai?

Can someone please throw some light here?

Thanks in advance.

-Srini

[orion]

If you do not have the documents necessary then why risk it? Why dont you have the needed documentation, what dont you have? Are you on bench(missing pay-stubs)?

[txh1b]

It is strange though as to why the visa was canceled when she went for your daughter's stamping? Anything missing here?

[srinivas2k4]

It is strange though as to why the visa was canceled when she went for your daughter's stamping? Anything missing here?

The consular officer saw new petition and put this stamp-"Without prejudice".
There is no cancel on it visible.It is strange that consular officer did not even informed my wife when stamped it.

[srinivas2k4]

If you do not have the documents necessary then why risk it? Why dont you have the needed documentation, what dont you have? Are you on bench(missing pay-stubs)?

I do have all pay stubs ...only thing that i did not file tax returns this year2007 as i want to add my daughter as a dependent in returns.

I am also worried about below things:
-My new company is a small company with employee base of two
-I doesn't have supporting documents for h1b transfer petition filed to USCIS with me
-I don't have experience letter from previous employer

Please advise.

Thanks a ton for your help.

[orion]

The consular officer saw new petition and put this stamp-"Without prejudice".
There is no cancel on it visible.It is strange that consular officer did not even informed my wife when stamped it.

If you are accompanying your daughter for a stamping, why would they ask your passport? Leave alone why they canceled the visa?? beats me!

[txh1b]

May be just to verify the relationship? Cannot figure out cancellation part though as the visa is still valid for any employer. Something does not add up.

[orion]

I do have all pay stubs ...only thing that i did not file tax returns this year2007 as i want to add my daughter as a dependent in returns.

I am also worried about below things:
-My new company is a small company with employee base of two
-I doesn't have supporting documents for h1b transfer petition filed to USCIS with me
-I don't have experience letter from previous employer

Please advise.

Thanks a ton for your help.

Its not necessary they will 100% ask for your tax return. But I think, even then its good to have it. Also, other supporting docs like LCA etc are also needed. Experience letter from previous company is not a mandatory requirement, proof of employment with old company can also be proved with your pay-stubs, if needed.

Also, I dont understand why filing taxes would have to be delayed even if you wanted to add your daughter as a dependent...??

About company being small, one cant really predict what to expect...

[txh1b]

Your logic for delaying tax filing is flawed. You should file taxes and claim dependents if you have any even if they are not physically in the US. Look into getting a ITIN number and filing it. If you are not sure, do some research or talk to a tax professional.

[srinivas2k4]

If you are accompanying your daughter for a stamping, why would they ask your passport? Leave alone why they canceled the visa?? beats me!

They asked for my wife's passport to check before giving visa to my daughter and they put this stamp..it's all confusing for us too......

[orion]

Your logic for delaying tax filing is flawed. You should file taxes and claim dependents if you have any even if they are not physically in the US. Look into getting a ITIN number and filing it. If you are not sure, do some research or talk to a tax professional.

Oh yes! you can claim dependents on your tax filing even if the dependent is outside the US.

But I'm still Was your daughter living with you in US in 2007? If she (your daughter)was with you here in 2007 then you should already have a SSN/ITIN number, or whatever is needed to claim her as dependent on the tax forms. Isn't that one of the initial things thats done when someone enters the country way back for the first time?

[srinivas2k4]

Oh yes! you can claim dependents on your tax filing even if the dependent is outside the US.

But I'm still Was your daughter living with you in US in 2007? If she (your daughter)was with you here in 2007 then you should already have a SSN/ITIN number, or whatever is needed to claim her as dependent on the tax forms. Isn't that one of the initial things thats done when someone enters the country way back for the first time?

My daughter was in India with no visa stamping.For applying ITIN,One need to submit certified copy of passport and visa stamp.

[txh1b]

That isn't correct.

http://www.irs.gov/businesses/small/international/article/0,,id=96690,00.html

[orion]

HOpe you submitted a form for extension in filing date ie. deferred filing.