H-4 Visa

Maternity Leave and Pay Stubs

I am on H-1B & my wife also on H-1B. After three months pregnancy leave my wife is planning not to work and to transfer from H-1B to H-4. She will not have last paychecks copy for three months so will it be an issue during transfer? Will she need to start the job again to get three paychecks copy ?

Reasonable maternity leave should be considered "in status" period, so pay stubs should not be needed.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Guestbook Entry for Nizam A, United States

Name: 
Nizam A
State: 
IL
Nonimmigrant Visas: 
Profession/Occupation: 
Country: 
United States
Comment: 

I sincerely appreciate the service provided by Rajiv’s Law office and his team, they help me at every stage of my GC as well H1/H4 renewal. They were prompt in every stage which is crucial I believe and the expertise  in their field is outstanding. Thank you again.

Nizam

Successful H1 and H4 Stamping Experience

Name: 
Dreams
State: 
New Delhi
Country: 
India

I  will begin with a sincere thanks for all the information I have got from these forums over the last few months and the amount of confidence I have gained through it.
Now, its my turn give back something by sharing my experience and hope this helps in giving some information to the others like me.

My visa was scheduled for 08:15 AM I reached the car parking in the nearby Malcha Marg parking by 7:45 AM. It is few minutes walk from there. I reached embassy by 7:55 or so. I was with my wife who would get an H4.

 

Nonimmigrant Visas: 

H-1 to H-4

My spouse and I work for the same IT company. My spouse who is on H-1B visa is already in the US and my H-1B is under process, hoping to get it stamped latest by October 13th. I plan to quit my current job after stamping is over(may be in Oct13) and join my spouse on dependent visa (H-4). 1) When I apply for H-4, will my H-1B be valid or my company will cancel my H-1B? 2) Assuming H-1B still remains valid after my H-4, can I apply for change of status to H-1 later and search for jobs while on H-4? 3) How long does it take for change of status from H-4 to H-1?

1. H-1 cancellation (revocation) is not automatic, but the company would have to be extremely ill-informed not to revoke the H-1. They must.
2. You can revert back to H-1 from H-4. You will not be subject to quota.
3. The same time as a new H-1. Apply premium if in a hurry.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Status of H-4 Dependents When H-1B is Denied

If my H-1B petition is denied by USCIS, or withdrawn by my employer, what happens to my H-4 dependents?

If you are no longer in valid H-1B status, your dependents’ H-4 petitions will no longer be valid either.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Guestbook Entry for Nakul Saluja, India

Name: 
Nakul Saluja
Profession/Occupation: 
Nonimmigrant Visas: 
State: 
Delhi
Country: 
India
Comment: 

Dear Rajiv Ji, I am really happy to inform you that our H-1B/ H-4 interview at US Embassy, New Delhi was successful and that we both have received our stamped passports from the Embassy too. I would really like to thank you for all your valuable guidance and help. Thanks again! Nakul

Applying for Spouse after H-1B Approval

I am planning to come to the U.S. to work. The company that is going to file the H-1 petition for me tells me that they will not need to file any petition for my wife. I want her to accompany me to the U.S. What do we need to do?

The company will file your H-1B petition and, after you receive your H-1B approval, your wife should accompany you to the consulate to apply for her H-4 stamping in order to come with you to the U.S. as your dependent.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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