I have an important immigration question regarding my wife's visa status and her entry back into the US. She is currently in India and had gone there for a visa stamping at the consulate in Chennai.
She has been on H1B visa since Jan 2011. During the visa interview, the consulate officer issued a 221g (green slip) asking for additional documentation from her employer as her pay (from paystub) is apparently lesser than the minimum prevailing wage from her LCA. Her employer is gathering the required documentation and she has been asked to drop off the required documents for review by the consulate. Even though the visa is not refused, it appears that there is no SLA for the consulate to get back on her case.
In the event that her H1 visa is refused or it takes a long time to review the case, I was wondering if she can enter in the US with the H4 visa that is already stamped on her passport. It is valid until May 30th 2011.I am not sure if her visa status has already changed to H1 and if that is the case, will she need to get H-4 stamping again?
Also while I filed for my H-1 extension, I did not file H-4 for my wife since she was already on H-1.Do I need it do it now before she can enter the US (note: my current H-1 is valid till May30th 2011).
We have already filed for I-485(on Dec 15th) and the biometric appointment was complete on Jan 25th, there is also a possibility that our EAD and AP could be approved and if that happens can she enter the US with that and work on EAD.
She has been on H1B visa since Jan 2011. During the visa interview, the consulate officer issued a 221g (green slip) asking for additional documentation from her employer as her pay (from paystub) is apparently lesser than the minimum prevailing wage from her LCA. Her employer is gathering the required documentation and she has been asked to drop off the required documents for review by the consulate. Even though the visa is not refused, it appears that there is no SLA for the consulate to get back on her case.
In the event that her H1 visa is refused or it takes a long time to review the case, I was wondering if she can enter in the US with the H4 visa that is already stamped on her passport. It is valid until May 30th 2011.I am not sure if her visa status has already changed to H1 and if that is the case, will she need to get H-4 stamping again?
Also while I filed for my H-1 extension, I did not file H-4 for my wife since she was already on H-1.Do I need it do it now before she can enter the US (note: my current H-1 is valid till May30th 2011).
We have already filed for I-485(on Dec 15th) and the biometric appointment was complete on Jan 25th, there is also a possibility that our EAD and AP could be approved and if that happens can she enter the US with that and work on EAD.
Comment