Regarding H4

[kramk]

Hi,

Now I am in H1b visa, I am in U.S, My visa is going to expire on sep '2010.
My question, My wife had an H4 visa and she is now in india, She wants to come to U.S, In port of entry they may object her? because her visa also epires in sep '2010.

[shervin143]

She can travel as long as her visa is valid.

[mohiti]

Need Clarification asap

I am writing you today to get your valuable advice about my wife’s visa.
I worked on H1 visa in USA from the year Oct’2008 till Nov’2009. My wife accompanied me on H4 visa to US. Here I would like to highlight you that my wife was also holding a valid petition I-129 (H1B) but she did not get the Visa stamping done from India and was not doing any job in USA. She went to US with me on my dependent H4 visa. My H1B visa got expired in Sep’2008 so my company filled the visa extension which got approved and I continued to stay in USA till Nov 6th 2009.
Please note that my wife filled F1 visa (Student visa) and did not file the H4 visa extension. She got the RFE which we answered but on Dec 29th 2009, the decision was made against my wife and we receive a letter on Jan 7th 2010 my wife received a letter Department of Homeland Security stating that her application has been rejected as she is holding a valid I-129 petition (work permit) and was asked to leave the country immediately, which she did on Jan 11th 2010.
Now I have two questions to ask:
1. As I am again planning to go back to USA in the month of Jun 2010, so if my wife will apply H4 visa with me will she get the visa or not. Can the visa officer ask her that she has to withdraw her H1B visa petition.
2. On the other hand if she can find a project and then wants to apply the H1 visa will she get the H1b visa as she has been asked to leave the country in Jan 2010?

[shervin143]

1. As I am again planning to go back to USA in the month of Jun 2010, so if my wife will apply H4 visa with me will she get the visa or not. Can the visa officer ask her that she has to withdraw her H1B visa petition.
>>> Possible, as USCIS want the H1B to be revoked if a person no longer work on that H1B. However, getting a H4 will be easy with less questions if you both go for the visa interview together (H1B & H4).

2. On the other hand if she can find a project and then wants to apply the H1 visa will she get the H1b visa as she has been asked to leave the country in Jan 2010?
>>> Possible if she provides all the required documents.