1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

Gap In Filing H1b,does H4 Requires Consular Processing

Discussion in 'Nonimmigrant Visa Validity' started by rajschauhan1, Jan 25, 2015.

  1. rajschauhan1

    rajschauhan1 New Member

    Messages:
    18
    Likes Received:
    0
    Trophy Points:
    1
    I left a company A on June 27,2014 to start my new job in company B.I started my new job on July 14,2014 in company B as I was told that my H1b transfer application is approved.On July 29,2014 company B told me that only your labor application was approved and h1b was not filed.
    Company B then filed h1b under premium processing and I got the I-797B approval on August 15,2014.
    My h1b from company A was revoked by USCIS on Aug 8,2014.
    I went to India and got my visa stamped on Sep 8,2014 and started working in company B from Sep 16,2014.
    My H4 visa dependents have I-94 valid from the company A until Oct 2016.I have following questions:
    1) Does H4 dependents will require visa stamping from home country even though the I-94 from company A is valid until Oct 2016?
    2) What is the time limit to get that visa stamping done?

    Thanks.
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    Since you had a gap in status, they have a gap in status. They are not in unlawful presence, however, because their I-94s have not expired. I'd have them exit and reenter. If they have unexpired H4 visas, they can just go to the border and come back. If they need new visas, that is more complex, but still shouldn't be a problem since you got a new visa.
     
  3. rajschauhan1

    rajschauhan1 New Member

    Messages:
    18
    Likes Received:
    0
    Trophy Points:
    1
    Ron,
    Thanks for your quick response.The H4 visa stamped on the passport was valid until 26 sep,2013.When I got my H1b extension from company A the h4 dependents got new I-797 with I-94 validity of Oct 2016.The I-94 in the passport has date 6 oct,2013 except 1 h4 dependent who has date until Mar 16,2013(passport validity date).I got my I-140 approved from company A on 22 Feb,2013.I have following questions:
    1)Does the consular processing has to be done from home country?
    2)What is the time limit to get it done?
    3)Will it create any problem in the future getting the GC for dependents?
    Thanks for your advice.
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    The absolute deadline is the expiration of the I-94s. You will NOT be able to extend the I-94s because of the gap in status. You may try any consular post that will accept the application.
     
  5. rajschauhan1

    rajschauhan1 New Member

    Messages:
    18
    Likes Received:
    0
    Trophy Points:
    1
    Ron,
    Thanks for your response.I do have following questions;
    1)Do you mean the absolute deadline is Oct 2016 which is the validity time of I-94 from company A?
    2)With the company B I got my I-94 valid until Aug 2017.Are you saying that I will not be able to extend the dependents I-94(valid until Oct 2016) until my validity date of Aug 2017 until I get the h4 visa stamped?
    3)Do you suggest doing the consular processing ASAP or do it any time before Oct 2016?
    Please advice.Thanks.
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    Look at each person's current I-94 (not the visa, not the I-797, the I-94). That is the deadline. After that date, the individual will go into unlawful presence.

    Unlawful status is another matter. When you violated your status, your dependents went into unlawful status immediately. They should get visas and reenter the U.S. at their earliest convenience.
     
  7. rajschauhan1

    rajschauhan1 New Member

    Messages:
    18
    Likes Received:
    0
    Trophy Points:
    1
    Ron,
    Thank you so much for explaining clearly the difference between unlawful status and unlawful presence.
    What is your recommendation for getting the visa ,going to the home country or any US Consulate like Mexico or Canada?
     
  8. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    Mexico will only reissue visas (meaning that you had one previously). Canada will take initial visas and reissues. In both cases, however, be prepared to go directly to India if they refuse the visa.
     
  9. rajschauhan1

    rajschauhan1 New Member

    Messages:
    18
    Likes Received:
    0
    Trophy Points:
    1
    Thanks Ron.
    Does the visa refusal at Mexico or Canada means that they can't enter US or they can come to US and then go to India to get the visa?
     
  10. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    If they are refused in Canada or Mexico, they will have no way to return to the U.S. unless and until they get new visas.
     
  11. rajschauhan1

    rajschauhan1 New Member

    Messages:
    18
    Likes Received:
    0
    Trophy Points:
    1
    Thank you so much Ron.I really appreciate your advice.
     
  12. rajschauhan1

    rajschauhan1 New Member

    Messages:
    18
    Likes Received:
    0
    Trophy Points:
    1
    Ron,
    I have planned to get the H4 stamping done for my family next month.Do you think we need to get any supporting docs from the company or attorney in case the Visa Officer at Consulate ask why the H4 consular stamping was not done during H1b stamping?Please advice.Thanks.
     
  13. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    You need to discuss this with the attorney representing you.
     
  14. rajschauhan1

    rajschauhan1 New Member

    Messages:
    18
    Likes Received:
    0
    Trophy Points:
    1

Share This Page