H1 Visa Stamping Advice

[aerosrinivas]

I need your help and advice regarding my wife’s visa.

Basically my wife came to US under H4 visa in July ‘ 2009 and she got a job early this year and she was working under her own H1B for company at Sacramento, CA.
When she went to India last month, she went for H1B visa stamping in India so that she can enter US in H1B visa. Unfortunately her visa approval is in pending status as her LCA / H1B petition was not reflecting her client address as working location. Her employer has amended her LCA / H1B petition with the client location as working locking location and her H1B got approved last week from USICS. But we are still waiting for the original I797 document from USICS.

At this stage I am not sure if she can go for another visa stamping at an Indian consulate with her new I797 or she has to wait for the US consulate to get back to her ( Visa officer has mentioned that the consulate will get back to her if it is updated). When we emailed US consulate in India in this regard, they have mentioned that they are doing some additional administrative process and they will get back ( but the timeline is not defined).

At this stage I really have only 2 options. Please advice which option I should choose to resolve this problem.

1. She can go for another appointment with new I797 or she has to wait till the consulate gets back to us. ( I am not if she can go for another appointment for H1B at this stage)
2. Applying for H4 visa : Since she went for H1B stamping, they have cancelled her current H4 visa. So she has to apply for new H4. now And moreover my current H1 visa is expiring in Feb 2nd 2012 and i have applied for my extension couple of weeks before ( i didn’t apply extension for my wife as she was in H1B). At this stage can I request her to go for H4 and enter US so that we can extend her H4 later.

I am really confused in this, your help and advice is highly appreciated.

Please do not hesitate to contact me for any further details.

[shervin143]

1. She can go for another appointment with new I797 or she has to wait till the consulate gets back to us. ( I am not if she can go for another appointment for H1B at this stage)
>>> She cannot take another appointment for the petition that is pending for the same employer. They will just ask you to wait until the current admin process to get completed. You have to wait until the current 221g get resolved (Send a letter to the consulate stating that her LCA and petition got amended and attach the photo copies of the same.) or withdraw the application and file a new one.

2. Applying for H4 visa : Since she went for H1B stamping, they have cancelled her current H4 visa. So she has to apply for new H4. now And moreover my current H1 visa is expiring in Feb 2nd 2012 and i have applied for my extension couple of weeks before ( i didn’t apply extension for my wife as she was in H1B). At this stage can I request her to go for H4 and enter US so that we can extend her H4 later.
>>> Possible. The best option will be to get the H4 stamped based on your extended petition. Either ask her to wait until your extension gets approved or upgrade it to premium and get the result within 15 days. Once she is in U.S, she can file a COS from H4 to H1B and when that gets approved, she can start woring.

[aerosrinivas]

Thanks

Hello Sir / Madam,

Thanks a lot for your response. It is really very helpful. It would be great if you could clarify one more doubt.

Can i apply for my wife's H4 visa extension after her arrival to US. I am planning to get her here during the end of this month and apply for H4 extension during first week of January. I am full time employee to a company ( not sure if they will apply during the process of my extension).

My employer will not agree for upgrading my application to premium processing without any business need.

Thanks...

[shervin143]

Sure can. The H4 visa will be issued only till your petition expiry date and the I-94 will also be issued only till your petition expiry date (Just for 2 months).

Hello Sir / Madam,

Thanks a lot for your response. It is really very helpful. It would be great if you could clarify one more doubt.

Can i apply for my wife's H4 visa extension after her arrival to US. I am planning to get her here during the end of this month and apply for H4 extension during first week of January. I am full time employee to a company ( not sure if they will apply during the process of my extension).

My employer will not agree for upgrading my application to premium processing without any business need.

Thanks...

[aerosrinivas]

Thanks for your response. But my wife didn't get 221G or any pink, blue, green slip.
Also i have another question, can i withdraw the application and book a new appointment for the same employer with new I797 (amendment).

[shervin143]

Thanks for your response. But my wife didn't get 221G or any pink, blue, green slip.
>>> Well, there are similar cases. Follow up with VFS and they will provide you a case number to track the case online.

Also i have another question, can i withdraw the application and book a new appointment for the same employer with new I797 (amendment).
>>> Possible. In such case, you need to mention the previous application as rejected when you book the new one. The case may go into 221g again to check why the previous petition was the same employer was withdrawn and applied a new one.