HI B stamping by the US embassy, Tokyo

[NeerajaN]

Hi !

I have attended H4 Visa interview at Chennai Consulate on 08.09.08 and received blue form u/s 221g for additional administrative processing of my application.

The issue was about the H1B status of my husband. My husband has filed his I 485 during July 2007 and used APD to travel to India during Dec 2007 & Aug 2008. His H IB (as per I 797) is valid until Jan 2010. However, there is no
H IB Visa stamping on his Passport.

The USCIS online status shows that his I 485 is still pending.

I would like to know:

1. Whether his status is still H1B?
2. Now he is in the US & going to Japan for Project Work .Can he get the H1B stamping done on his Passport by the US Embassy in Tokyo? What are his chances of getting the H1B stamping on his Passport?
3.Since my H4 application is pending in the Chennai Consulate for additional administrative processing, is there any chance of his H1B stamping rejection by the US Embassy in Tokyo?
4.In the event of rejection of H1B stamping by the US Embassy in Tokyo, what are the options available for my husband?

Pls advise asap.

Thanks,
Neeraja

[txh1b]

1. No as he used AP. But he can get back on H1b if he returns on H1b visa or files for an extension and it gets approved.
2. Possible. Check with the Consulate in Tokyo if they process for third country nationals. Some don't.
3. You cannot and should not enter on H4. As he is not on H1b, you are not eligible to enter on H4. Even if you tried, you are out of status once you get in (If they let you in).
4. He can go get the stamp from his home country. H4 status can only be maintained if spouse is on H1b.

[NeerajaN]

H1B stamping by Tokyo Embassy

Hi!

Thanks for the info:

However, I reqeust you to clarify my third question.

Q.3 Since my H4 application is pending in the Chennai Consulate for additional administrative processing, is there any chance of his H1B stamping rejection by the US Embassy in Tokyo?

3(i) : Whether the Tokyo Embassy can find out the administrative processing in respect of my H4 application (by Chennai Consulate)?

3(ii) : If they come to know that the admin processing is wrt my husband's H1B status, will it affect his H1B stamping ?

3(iii) : How to handle such situation and successfully get the H1B stamping done on his Passport by the Tokyo Embassy?

Thanks in advance,
Neeraja

[txh1b]

Your H4 will not impact his H1b outcome. Your H4 is in Additional processing as his H1b status could not be verified. Like I said, it is illegal to enter on H4 if he is not on H1b.

There is no special recipe for visa stamping success. Think Truth! If a VO asks why he needs a H1b stamp, he can stick to the truth that he has a dependent that wishes to join him in the US.

[NeerajaN]

H1B stamping by Tokyo Embassy

Hi !

Thank you very much.

That means even if the Tokyo Embassy finds out that an enquiry / review is being initiated by the Chennai Consulate with USCIS - wrt my husband’s H1B status, it has no impact on H1B stamping on his Passport?

Thanks again !
Neeraja

[txh1b]

Unless Tokyo wants to initiate a similar enquiry. If they do, it will impact the approval time. Nothing is a guarantee when it comes to visas.

[NeerajaN]

HIB stamping by Tokyo Embassy

Hi !

I Am glad to inform that my husband's HIB stamping is done by the Tokyo Embassy .

Now what should be my next course of action?

1. Can I write to Chennai Consulate about the present status of my husband and ask them to review / process my H4 Visa ? OR

2. Should I take an appointment and meet them directly along with Doc proof (copy of my husband's H1B stamped Passport and I94 )to explain his status?

OR

3. Should I wait until I hear from the Chennai Consulate ? It has already been two months now.

Pls advise.

Thanks,
Neeraja

[txh1b]

Let him return to US on H1b and you wait for the embassy to respond.

[NeerajaN]

H1B stamping by Tokyo Embassy

Hi !

Thanks for the info.

My husband is returning to the US during 2nd week of Nov, and if I did not hear anything from the Consulate till then, Can I contact them through our Attorney ?

Thanks again !
Neeraja

[txh1b]

You could try but if it helps or not is questionable.

[NeerajaN]

H4 Visa , I 485 & EAD

Hi !

My H4 Visa is being reviewed by the Consulate .

In the meantime , I request you to advise me about the following:

1. My husband has filed his I485 during July 2007 (priority date August 2003). Whether my name can be added to his I485 at this point of time? Whether the processing date should be current for his priority date?

2. Should I possess my H4 Visa before initiating this procedure?

3. Whether my presence in US is required ?

4. When can I apply for EAD? Can I apply at the time of adding my name to his I485?

5. Whether this process can be initiated through his employer? (adding my name to his I485 & filing EAD application with USCIS)

6. What are the options available for me to work legally in the US ?

Thanks in advance.

Neeraja

[txh1b]

1. PD should be current to add you and you should be inside US to do AOS.
2. Yes if it is AOS. If not, it can be CP.
3. Yes for AOS.
4. Yes, you can along with 485.
5. It depends. Some do and some don't. Your lawyer can do it or you can do it yourself. Immihelp has instructions.
6. Nothing on H4. Other work visas if you qualify and EAD.

[NeerajaN]

H4 Visa

Hi !

I received my H4 Visa today -after waiting for 3 months.
I am very much grateful for immihelp's guidance.
Thanks a lot !

Neeraja

[NeerajaN]

Hi !

Am in US now on H4 Visa. Thanks to immihelp for the timely guidance.

I have read that H4 Visa holder can work online(eg. blogs / writing )& USCIS has no objection if the earnings are below $1000. Is that true?

Whether H4 Visa holders can start their own business?

I am not from the IT sector but possess 15 yrs domain experience in the Banking Sector. Am I eligible for H1B ? To file my H1B, should I approach the employer directly or through staffing / consulting agencies ? Pls advise. Could you pls provide references in this regard?

Thanks and Best Wishes for New Year!

Neeraja

[txh1b]

I have read that H4 Visa holder can work online(eg. blogs / writing )& USCIS has no objection if the earnings are below $1000. Is that true?

Totally wrong. No paid work of any kind period. No payments from google ads allowed either as per the law.

Whether H4 Visa holders can start their own business?

No. They can provide capital for a business and just enjoy the profits but should not be involved with anything to do with business. It is similar to shares. You buy a stock, sell it and you don't have anything to do with the company. But daytrading is considered working/business and is illegal.

I am not from the IT sector but possess 15 yrs domain experience in the Banking Sector. Am I eligible for H1B ? To file my H1B, should I approach the employer directly or through staffing / consulting agencies ? Pls advise. Could you pls provide references in this regard?

H1b is NOT just for IT sector. If you can find a company to sponsor and you have a BS, you are eligible.