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 US
Immigration Attorney Nandini Nair says that it is important
to reveal the true status in a visa application
My
husband is employed in the US on H1-B status. I plan to join him
on H-4 status. Currently, I am employed in India and I am resigning
from my job next month. When I apply for the H-4 visa, what do I
mention? Should I give my occupation as a software engineer, since
I am not a housewife as of yet? If I mention that I am employed,
can I still apply for the H-4 visa? I will be travelling to the
US in April and during that time I would have resigned from my job
but I will be starting the H-4 process in March, when I am still
employed.
—Rakhee
Gupte
You
should complete the forms truthfully, if you are employed, please
mention it in the visa application. Having a job in India will not
stop you from getting the H-4 visa. Your status is dependent on
your husband’s status. You should not have any problems.
My
employer has filed my H1-B (new) visa application at the Vermont
INS centre on January 11, 2002. But I still have not received an
INS receipt notice number. How long does it take nowadays to get
the tracking number? What will be the average time frame for the
H1-B papers to come through?
—Shweta
Agarwal
Currently,
it takes about two to three weeks to get the INS receipt notice
number. The original notice usually goes to the attorney or to the
employer. It takes 30 to 70 days for an H1-B application to be processed
from the INS at the Vermont Service Centre. I would advise you to
contact your employer again to find out if they have received the
number. If not then there is some problem and your employer should
verify that the application filed was received at the INS.
My
daughter and son-in-law are in the US on H1-B status. They have
a son. We got his H-4 stamping done in February 2000 but were unable
to send him to the US at that time due to personal reasons. The
visa is valid till October 2002. We intend to send him to the US
in May 2002. Is restamping needed on the visa?
—Anita
Deshmukh
The
need to go for restamping does not arise in an H-4 case. The status
of your grandson is dependent on the valid status of his parents.
As long as they are in valid status, his visa is valid and he can
enter the US in May. He should carry the following documents:
1.
Copy of his birth certificate disclosing the identity of his parents.
2.
Copy of his parents’ H1-B approval notices. 3.
Copy of recent pay stubs of his parents.
I
am currently in the US on H-1B visa and will be going to India in
December 2002, for my marriage. I want to bring my wife along with
me when I return. How do I go about it?
—Ketan
Chhabria
You
need to go to the nearest US consulate to process H-4 visa for your
spouse. The following documents will be needed
1.
Your original H1-B approval notice 2.
Copy of I-129 Petition 3.
Copy of recently dated employment letter 4.
Three most recent pay slips 5.
Copy of your recent tax return 6.
Copy of marriage certificate and wedding photographs. 7.
One passport size photograph for the visa 8.
Money Order/Demand Draft for the MRV Fee and non-refundable processing
fee at the consulate.
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