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Regarding H4-visa urgent?

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  • Regarding H4-visa urgent?

    HI Sir,

    I have valid h1b visa valid till 2010,I used only 6 months of my original period(2008-2010) and return back to india.Can i apply h4 visa to my dependents.

    I have 3 months paystubs.Please suggest me what can i do in this situation?

  • #2
    Are you planning to return to U.S to work for the same employer? It is possible to apply for H4 visa provided you get the employment authorization letter from your U.S employer. If approved, your dependents will get the visa until the validity of your petition.
    Last edited by shervin143; 12-24-2009, 01:36 AM.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Yes i work with my previous employer only.As per my previous post, i used only 6 months of my original petition can i apply for extension to get the remaining peiord if so how many years i will get.After checking my petition in USCIS site it is showing "Post-Decision Activity" status.What it does mean?

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      • #4
        Answers below.

        Originally posted by kraju_82 View Post
        Yes i work with my previous employer only.As per my previous post, i used only 6 months of my original petition can i apply for extension to get the remaining peiord if so how many years i will get.
        >>> H1B in total is for 6 years and it is the time spend in U.S on the H1B status. You can keep applying for extensions until the 6 year limit is reached.

        After checking my petition in USCIS site it is showing "Post-Decision Activity" status.What it does mean?
        >>> That means, a decision has already been made on your petition.
        Last edited by shervin143; 12-24-2009, 02:05 AM.
        Not a legal advice. Use of this information is strictly at your own risk.

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        • #5
          I am sorry ,may be it is the simple question?What it means by "Decision already taken".

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          • #6
            That means, the decision to approve or reject the petition has been made by USCIS. In your case it is the "approval" sent in 2008, unless your employer revoked the petition later after you came back to the home country.
            Not a legal advice. Use of this information is strictly at your own risk.

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            • #7
              Yes i already got notice in 2008,Now my employer called me to came back to USA.I don't think no employer can suggest to come US with Cancelled petition.If this is true why still it is showing "Post Decision activity".Please clarify me.

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              • #8
                Because the correct status is not always updated in the USCIS web site for all the cases. There are times, when the USCIS website shows the wrong status. If your employer is inviting you to work for them again, then what is the point in checking the status in the USCIS web site and asking all these questions? If they have revoked your H1B petition, then they wouldn't invite you.
                Not a legal advice. Use of this information is strictly at your own risk.

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                • #9
                  Thanks shervin143 to reply all my questions with patience.Happy Christmas.

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