You are here:

Immigration Issues/re -entering US with H4 when H1 rejected

Advertisement


Question
My wife got H4 ext in July and H1 in OCt.she did not got the job yet and she has got only one pay stub for OCT 08.If we go to INDIA and her H1 get  rejected can she go for H4 stamping and come back on H4.

Answer
Hi,

Your wife is technically violating H4 status if she is not employed by her H1B employer. I recommend that she depart the U.S. soon (no more than 180 days after October 01, 2008), and apply for H4 visa stamp at a U.S. Consulate in her home country. Since any violation of H1B status would have been for less than 180 days, the Consulate should issue her H4 visa stamp (assuming that you, as her spouse, are maintaining your H1B visa status).

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

©2016 About.com. All rights reserved.