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vb8188

first time H4 visa, please help

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Filed: H-1B Visa Country: India
Timeline

Hi all, 
I am on H1-B visa and I was laid off on 29th March 2019, Also I recently got married on 23rd Feb 2019 and I was thinking maybe while I am technically still in staus, (60 days grace period), I was thinking to have my wife's H4 visa processed before my 60 days run out.  if it's not advisable what would be the best thing to do to bring my wife here in the US. I would really appreciate any answers.

Vaibhav

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And... what then? I doubt that would work but what's the end plan? You and your wife living in the US illegally without any status? Am I understanding this right? 

K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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Filed: H-1B Visa Country: India
Timeline

Umm why would she be out of status ? 

And my end goal is for her to convert her h4 visa to maybe a visitor b1/2 visa if it’s needed at all. 

 

All I am requesting to ask if what I asked originally in the question is possible or not ? Thanks

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3 minutes ago, vb8188 said:

Umm why would she be out of status ? 

And my end goal is for her to convert her h4 visa to maybe a visitor b1/2 visa if it’s needed at all. 

 

All I am requesting to ask if what I asked originally in the question is possible or not ? Thanks

As far as I understand H4 is issued as an accompany visa for H1B visa.  You said you were fired so I guess your visa will be invalid soon? Then your wife's visa will be invalid? It cannot be converted to the B2 Visa. 

 

If you plan on only being in the US as a tourist you both should just apply for b2 visas.  

 

@geowrian ? 

K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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2 hours ago, vb8188 said:

Hi all, 
I am on H1-B visa and I was laid off on 29th March 2019, Also I recently got married on 23rd Feb 2019 and I was thinking maybe while I am technically still in staus, (60 days grace period), I was thinking to have my wife's H4 visa processed before my 60 days run out.  if it's not advisable what would be the best thing to do to bring my wife here in the US. I would really appreciate any answers.

Vaibhav

What is the end game though. You were laid off and your visa is expiring soon. Why bring your wife to the U.S. now, wouldn't it make a lot more sense to use your grace period to be making plans to live somewhere outside the U.S.?

Country: China

Visa: CR1 (DCF)

 

2015-06-30  Started dating

2018-02-27  Married

2018-06-08  I-130 filed via DCF

2018-06-12  I-130 Notice of Approval

2018-10-05  Submitted DS-260 online and supplemental documents via CITIC Bank

2018-10-10  DS-260 approved

2018-11-27  Medical exam

2018-12-03  Interview Passed

2018-12-04  Visa issued

2018-12-07  Visa packet and passport picked up from CITIC Bank

 

Future steps:

 

May 2019  Move to U.S.

 

 

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Filed: Citizen (apr) Country: Taiwan
Timeline
4 hours ago, vb8188 said:

Hi all, 
I am on H1-B visa and I was laid off on 29th March 2019, Also I recently got married on 23rd Feb 2019 and I was thinking maybe while I am technically still in staus, (60 days grace period), I was thinking to have my wife's H4 visa processed before my 60 days run out.  if it's not advisable what would be the best thing to do to bring my wife here in the US. I would really appreciate any answers.

Vaibhav

I don't think you will be successful in the H4 under your current employment situation.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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6 hours ago, vb8188 said:

Hi all, 
I am on H1-B visa and I was laid off on 29th March 2019, Also I recently got married on 23rd Feb 2019 and I was thinking maybe while I am technically still in staus, (60 days grace period), I was thinking to have my wife's H4 visa processed before my 60 days run out.  if it's not advisable what would be the best thing to do to bring my wife here in the US. I would really appreciate any answers.

Vaibhav

 

Sounds like a good plan for a overstay and potential ban. (You may  not realize change of status applications can take 6 months or so to  adjudicate, and if by some miracle you get the h4 approved (unlikely anyway) the COS application will almost certainly be denied due to the circumstances of what you’ve done; the overstay will date back to the original i94 expiration.) But all that is probably hypothetical anyway, if you don’t have a job there is no proper basis for a h4.

 

Options are to get a new job during your grace period, or return home and apply for B visas from there to visit.

Edited by SusieQQQ
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OP's intention is to get the wife to the US any way possible. An H4 before the 60 day period runs out, then a frivolous b2 COS if the spouse doesn't land an H1b job during the grace period; whatever it takes to get into, and stay in the US. A common tactic among Indian nationals. 

 

Does the wife (and her family) know about your being laid off and the H1b no longer valid without a corresponding job? 

I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

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Filed: Citizen (apr) Country: Brazil
Timeline
6 hours ago, vb8188 said:

Umm why would she be out of status ? 

And my end goal is for her to convert her h4 visa to maybe a visitor b1/2 visa if it’s needed at all. 

 

All I am requesting to ask if what I asked originally in the question is possible or not ? Thanks

It's not. Odds of a consulate approving an H-4 for an H-1B that's ending are close to zero. Even if it was issued, odds she'd then make it through POE in your current situation are zero.

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H-4 is a dependent visa. It no longer retains validity when the visa for which it is dependent upon becomes invalid, or when the primary visa visa holder no longer qualifies for their status. There's nearly 0 chance the consulate would issue a visa in the circumstances noted.

 

7 hours ago, vb8188 said:

if it's not advisable what would be the best thing to do to bring my wife here in the US. I would really appreciate any answers.

Obtain a new legal status within the US for which she does qualify for a dependent visa, or find a legal means to become a permanent resident and then petition her for residence.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Unless OP has a qualifying immediate relative in the US, family-based GC is out. And unless he qualifies for EB1C for an i140, employment based GC is out as well in the near term. I don't see any means to permanent residence. Which may be why he's on here seeking ways to NIV. 

I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

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Filed: AOS (apr) Country: Philippines
Timeline

:pop: H1 visas.... ah, gotta love them.

08/15/2014 : Met Online

06/30/2016 : I-129F Packet Sent

11/08/2016 : Interview - APPROVED!

11/23/2016 : POE - Dallas, Texas

From sending of I-129F petiton to POE - 146 days.

 

02/03/2017 - Married 

02/24/2017 - AOS packet sent

06/01/2017 - EAD/AP Combo Card Received in mail

12/06/2017 - I-485 Approved

12/14/2017 - Green Card Received in mail - No Interview

 

   

brickleberry GIF they see me rolling college football GIF by ESPN  

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Filed: K-1 Visa Country: Wales
Timeline

B would seem more obvious.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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