That will tell you what papers they need to grant an H-4 visa. An H-4 visa is given on a walk-in basis. There is no processing required from USCIS for people who are outside USA. 2. Yes you can.

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Q211 My H-1B and my wife's H-4 visas and statuses (I-94s) are about to be expired. Documents for extension of state were filed a month ago. But according to USCIS (INS) statistics, we should wait at least 5 months yet. 1.Are we in status after visas exp.date ? 2. My wife needs to go to home country by personal reason. Will it be a problem if she leaves U.S. with I-94 expired ? 3. Is there any procedure to get the documents processed faster then usual ?

A211 1.Yes, for 240 days 2. I cannot think of any reason why it should be a problem, but it would probably be best to wait. 3. Sure. Convert your applications to Premium Processing.

(Posted on 25 April 2003)

Q212 I am a canadian citizen. can I live in Toronto but work on H-1 in CAlifornia. travel to CA once a month or so as and when my employer requires? does this work from immigration perspective?

A212 No problem. But you must be paid under US payroll as an employee for the time you are in USA.

(Posted on 08 May 2003)

Q213 I am working in USA for the last four years and just got the approval for my H1B extension till 2006. The previous visa got expired on 15th February 2003. When my lawyer applied for the extension in November 2002 he forgot to include my wifes extension documents. She got her initial H-4B Visa back from Pakistan and it expired on the same date as my first one i.e. February 15, 2003. When I got the extension, I called my lawyer and asked him about my wifes visa and then we realized that he never applied for the extension of her visa. Now she is out-of-status. Can you please guide me as what to do in this scenario?

A213 If she does not leave USA within 180 days of expiration of her I-94, she will be subject to a 3 years bar from reentering USA. But she should be able to get an H-4 visa stamp (if she has not overstayed past 180 days) from her home country (not from Canada or Mexico).

(Posted on 20 May 2003)

Q214 Is there a way to revoke a spouse's H-4 visa status?

A214 There is no direct way of revoking your spouse's H-4 visa. However, if you were to surrender your very own H-1 visa and be outside U.S. for few months, that would automatically revoke your spouse's H-4 visa. You may wish to do this and then reapply for a new H-1 for yourself.

(Posted on 24 June 2003)

Q215 My spouse is quitting her job and is going to apply for I-539 for change of status(H1 to H4) next week. At the same time my spouse's H1B visa is expiring on 01-Aug-2003 . She will have one month in hand. My question is which condition makes her safe to stay in US beyond 01-Aug-2003. 1)Is it safe to stay as long as USCIS (INS) receives I-539 before 01-Aug-2003? 2)Does she need to receive the receipt notice from USCIS (INS) before 01-Aug-2003? 3)Will the I-539 application need to be approved before 01-Aug-2003. Will she have to leave otherwise?

A215 None of the above. Her I-539 must be received by USCIS (INS) before she quits her H-1 job.

(Posted on 25 June 2003)

Q216 Currently my spouse and myself are on H1/H4 status respectively. We are expecting EAD in 2 months and have the following questions: 1) If I maintain my current H1 status but my wife starts working on her EAD, does that impact my status ? 2) When my wife uses her EAD and later on do I have the option to add her back on H4 status ? 3) Wondering if what the situation is like where I want to maintain my H1 status till I get my GC , but also want to allow my wife to do business/work officialy based on her EAD, is this combination possible at all?

A216 1.No. 2.She would have to leave USA and reenter on H-4 visa to reactivate H-4. 3.No Problem.

(Posted on 12 September 2003)

Q217 My brother has a three year stamped H1 Visa which expires on October 30, 2003. He never travelled to the U.S. due to the fact that the employer couldn't place him. However, the employer did not cancel the H1 Visa till date. Now he has another offer in his company, and they have filed the extension with the employer change. He is waiting for the receipt of the filing. 1. Will the INS approve this request inspite of not using the Visa for a long time ? 2. Is it possible to change the employer without working for not even 1 day with the prior employer? 3. Is it possible to change the employer from India ? 4. If all of the above is possible and with the filing receipt of the employer change with the extension, can he enter U.S. with out any problems ? 5. Will he face any problem in future extension if all of the above is fine ?

A217 1.That is not a problem. 2.In this situation - yes. 3.In this situation - yes. 4.In my opinion he should wait for approval. 5.Certainly not for the reason that he did not use his earlier H-1.

(Posted on 15 September 2003)

Q218 We recently recruited a Person on F-4 and did H1 Processing and got her Visa also approved in 15 days. Then she applied for her Social Secuirity in NJ to start work. Its been 9 weeks since and they have not given her the SSN, saying they can provide only upon verifying from INS. They say that they have sent a request to INS. We tried checking with INS in vain, and they say we have to be in touch with SSN Only. Because of SSN the Client is not willing to get her started. Is there a way to solve this?

A218 You will have to call the Center responsible for updating the systems at the telephone number below. Explain the situation to the officer, who will then update the system and inform the relevant Social Security Administration Office accordingly. Please make sure that you have your receipt number at hand when callling this number.

(Posted on 16 October 2003)

Q219 My Current assignment in US is complete and I have left US in October( Now I am in India).Another company in US wants to interview me and invites me to US. Can I use the H1 Visa (Mutiple entries) just to attend this interview and come back?

A219 No you cannot. Try getting a B-1 visa.

(Posted on 11 November 2003)

Q220 I am currently working in the University of California at Irvine, and have an H-1 petition valid until 2005. The visa stamp in my passport expires on Dec 30th, 2003 this year and the date stamped on the I-94 is Jan 10th 2004. The question is, my husband, who is a permanent resident applied for my green card this year February (2003). I would like to visit India this December and get a new H-1 visa stamped in my passport. I was wondering if this would be a problem (and a new H-1 stamp would be denied) since my husband has filed an immigration petition for me (second preference).

A220 That should not be a problem.

(Posted on 27 November 2003)

Q221 Can a person on H4 visa apply for H1B if her spouse has already applied for a GC with her name included in spousal petition?

A221 Yes. No problem.

(Posted on 27 November 2003)

Q222 I am working in California on H-1 visa. I am changing my company and the new company is ready to file my H-1 visa and green card. I am concerned that can I file my H-1 and green card together as my new company is willing to do that. Will it create problems for me when I go back to India to get my H-1 stamped because I have applied immigration here.

A222 No problem.

(Posted on 04 December 2003)

Q223 If a person has an H1 visa and he stays in US for 2 years. He gets an extension for another 2 years. Can he still get another extension for the remaining 2 years period of the total 6 years that come with the H1 visa. How many extensions can a person have to complete the 6 year period of an H1 visa?

A223 Yes. There is no limit on the number. You could have 6 extensions of one year each or any other permutation.

(Posted on 12 December 2003)

Q224 I am currently on H-4 visa and a company A in X city has agreed to file for my H-1b. It was initially applied through premium processing, but there was an enquiry and the company A has not submitted the requried documents. I do not have access to the information as to what documents they have to submit, and the company says there is only 50% chance to get the visa approved, they are not giving me what exactly the reason of rejection may be,my question is : 1)Can I apply for my H-1 visa a second time through another company 2)If I can apply a second time, should I wait for the decision for the first time application and then apply through company B or can I apply parallely? 3)What are the limitaitons on the number of times you can apply for the visa. 4) Will the INS let me know the reason for rejection of the H-1B?

A224 1)Sure. 2)Let your H-1 lawyers decide what is best. 3)None. 4)They will let the company know.

(Posted on 15 December 2003)

Q225 My wife is going to US on company business for about 1 year and she is taking me along with her as a dependent. So, regarding the work permit, can you please clarify me the following questions? 1. Coming on H-4. Can I work after reaching US IMMEDIATELY? 2. How to get L2 instead of H4?

A225 1)Not unless you independently get an H-1. 2)You cannot. Your status is derived from your wife's. If she gets an L-1, only then you can get an L-2.

(Posted on 18 December 2003)

Q226 I have completed 6 years period in the H1B Visa working for my sponsor. To apply for the H1 visa again after the 1 year break, how many days before the actual start date should the petition be filed for H-1?

A226 In my opinion, you may file only after the required year is over.

(Posted on 06 January 2004)