h1 + h4 visa stamp in canada
Jan 27th 2005, 6:01 pm
#1
Guest
Posts: n/a
h1 + h4 visa stamp in canada
Hi,
I'm currently living in NY with my wife and kid(us citizen).
recently i got my h1 transfer to a different company and got h1b
extension upto march 2006. my current i94 valid upto july 2005.
now i'm planning to get my visa stamped upto mar 2006 going to canada.
i don't see any problem in getting my visa stamping but my question is,
my wife has also h4 visa and her i-94 valid upto july 2005, lawyer
didnt apply for her extension and i'm planning to take my wife with me
to canada and get her extension + stamping at one time.
i don't see any problem for my visa stamp, but will US embassy in
canada demand for h4 extension approval from ins, since we didn't apply
one for her and i hope we can get her h4 extension with my supportive
documents et.,
appreciate any one reply with answer
I'm currently living in NY with my wife and kid(us citizen).
recently i got my h1 transfer to a different company and got h1b
extension upto march 2006. my current i94 valid upto july 2005.
now i'm planning to get my visa stamped upto mar 2006 going to canada.
i don't see any problem in getting my visa stamping but my question is,
my wife has also h4 visa and her i-94 valid upto july 2005, lawyer
didnt apply for her extension and i'm planning to take my wife with me
to canada and get her extension + stamping at one time.
i don't see any problem for my visa stamp, but will US embassy in
canada demand for h4 extension approval from ins, since we didn't apply
one for her and i hope we can get her h4 extension with my supportive
documents et.,
appreciate any one reply with answer
Jan 28th 2005, 6:44 am
#2
Guest
Posts: n/a
Re: h1 + h4 visa stamp in canada
Vel wrote:
> I'm currently living in NY with my wife and kid(us citizen).
> recently i got my h1 transfer to a different company and got h1b
> extension upto march 2006. my current i94 valid upto july 2005.
> now i'm planning to get my visa stamped upto mar 2006 going to
canada.
> i don't see any problem in getting my visa stamping but my question
is,
> my wife has also h4 visa and her i-94 valid upto july 2005, lawyer
> didnt apply for her extension and i'm planning to take my wife with
me
> to canada and get her extension + stamping at one time.
> i don't see any problem for my visa stamp, but will US embassy in
> canada demand for h4 extension approval from ins, since we didn't
apply
> one for her and i hope we can get her h4 extension with my supportive
> documents et.,
There's no document that she can get in her own right that's
relevant to getting a new H-4 visa - she gets that on the basis
of your getting an H-1B. The extension that she might have applied
for in the US would have been to extend her H-4 status beyond the
end of her current I-94, and again she's entitled to do that only
because you have H-1B authorisation beyond that date.
> I'm currently living in NY with my wife and kid(us citizen).
> recently i got my h1 transfer to a different company and got h1b
> extension upto march 2006. my current i94 valid upto july 2005.
> now i'm planning to get my visa stamped upto mar 2006 going to
canada.
> i don't see any problem in getting my visa stamping but my question
is,
> my wife has also h4 visa and her i-94 valid upto july 2005, lawyer
> didnt apply for her extension and i'm planning to take my wife with
me
> to canada and get her extension + stamping at one time.
> i don't see any problem for my visa stamp, but will US embassy in
> canada demand for h4 extension approval from ins, since we didn't
apply
> one for her and i hope we can get her h4 extension with my supportive
> documents et.,
There's no document that she can get in her own right that's
relevant to getting a new H-4 visa - she gets that on the basis
of your getting an H-1B. The extension that she might have applied
for in the US would have been to extend her H-4 status beyond the
end of her current I-94, and again she's entitled to do that only
because you have H-1B authorisation beyond that date.
Feb 4th 2005, 3:35 am
#3
Guest
Posts: n/a
Re: h1 + h4 visa stamp in canada
Vel wrote:
> Hi,
>
> I'm currently living in NY with my wife and kid(us citizen).
> recently i got my h1 transfer to a different company and got h1b
> extension upto march 2006. my current i94 valid upto july 2005.
Please remember to check your approval notice. Most likely (but not
always) there is another I-94 attached. Tear it off and staple it to the
I-94 you have. It's a mistake many people make. Not a huge deal, but can
cause confusion later.
> now i'm planning to get my visa stamped upto mar 2006 going to canada.
> i don't see any problem in getting my visa stamping but my question is,
> my wife has also h4 visa and her i-94 valid upto july 2005, lawyer
> didnt apply for her extension and i'm planning to take my wife with me
> to canada and get her extension + stamping at one time.
When you go to Canada, you may want to surrender both her I-94 and your
I-94s (both of them stapled together) to Canadian immigration
authorities, or to the airline if you fly. You will likely have to
specifically ask them to take it, otherwise, they'll let you keep it.
If you keep it, it's not a big deal, either, but regardless of which
option you choose, both your and her I-94 become invalid the minute you
show up at the consulate to apply for your visa. So it is irrelevant
that hers is only until 2005 and yours is until 2006.
You will both get new I-94s as soon as you show up at the border with
your new visas (have some cash handy; there is a $6 fee! If you fly,
it's included in the airfare), and both your I-94s should show 2006.
> i don't see any problem for my visa stamp, but will US embassy in
> canada demand for h4 extension approval from ins, since we didn't apply
> one for her and i hope we can get her h4 extension with my supportive
> documents et.,
No. There is no such thing as an H-4 petition, and the I-94 is no longer
meaningful when you leave the USA.
Note: I have heard of consular officers demanding to see an H-4
petition. This happens when the officer is inexperienced. In that case,
try and see if you can get him to ask a supervisor. Otherwise, you may
have to leave your wife behind and reapply, including a letter stating
the situation. There should not be a fee.
> Hi,
>
> I'm currently living in NY with my wife and kid(us citizen).
> recently i got my h1 transfer to a different company and got h1b
> extension upto march 2006. my current i94 valid upto july 2005.
Please remember to check your approval notice. Most likely (but not
always) there is another I-94 attached. Tear it off and staple it to the
I-94 you have. It's a mistake many people make. Not a huge deal, but can
cause confusion later.
> now i'm planning to get my visa stamped upto mar 2006 going to canada.
> i don't see any problem in getting my visa stamping but my question is,
> my wife has also h4 visa and her i-94 valid upto july 2005, lawyer
> didnt apply for her extension and i'm planning to take my wife with me
> to canada and get her extension + stamping at one time.
When you go to Canada, you may want to surrender both her I-94 and your
I-94s (both of them stapled together) to Canadian immigration
authorities, or to the airline if you fly. You will likely have to
specifically ask them to take it, otherwise, they'll let you keep it.
If you keep it, it's not a big deal, either, but regardless of which
option you choose, both your and her I-94 become invalid the minute you
show up at the consulate to apply for your visa. So it is irrelevant
that hers is only until 2005 and yours is until 2006.
You will both get new I-94s as soon as you show up at the border with
your new visas (have some cash handy; there is a $6 fee! If you fly,
it's included in the airfare), and both your I-94s should show 2006.
> i don't see any problem for my visa stamp, but will US embassy in
> canada demand for h4 extension approval from ins, since we didn't apply
> one for her and i hope we can get her h4 extension with my supportive
> documents et.,
No. There is no such thing as an H-4 petition, and the I-94 is no longer
meaningful when you leave the USA.
Note: I have heard of consular officers demanding to see an H-4
petition. This happens when the officer is inexperienced. In that case,
try and see if you can get him to ask a supervisor. Otherwise, you may
have to leave your wife behind and reapply, including a letter stating
the situation. There should not be a fee.
Feb 13th 2005, 4:21 am
#4
Just Joined
Joined: Jul 2002
Posts: 6
Re: h1 + h4 visa stamp in canada
I have a similar situation. The lawyer did not apply H4 extension for my son (15 years old) who stays with me when the H!B extension was applied. My son had valid I-94 till 17th Nov 2004. So he is still under the 180 days. Is it possible US Consulate in Toronto may not even consider the H4 application and ask us to go to home country in India ?
Feb 13th 2005, 8:39 am
#5
Guest
Posts: n/a
Re: h1 + h4 visa stamp in canada
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Hash: SHA1
Ajay2614 wrote:
|>Vel wrote:
|>
|>>Hi,
|>>
|>>I'm currently living in NY with my wife and kid(us citizen).
|>>recently i got my h1 transfer to a different company and got h1b
|>>extension upto march 2006. my current i94 valid upto july 2005.
|>
|>Please remember to check your approval notice. Most likely (but not
|>always) there is another I-94 attached. Tear it off and staple it to
|>the
|>I-94 you have. It's a mistake many people make. Not a huge deal, but
|>can
|>cause confusion later.
|>
|>
|>>now i'm planning to get my visa stamped upto mar 2006 going to
|>>canada.
|>>i don't see any problem in getting my visa stamping but my question
|>>is,
|>>my wife has also h4 visa and her i-94 valid upto july 2005, lawyer
|>>didnt apply for her extension and i'm planning to take my wife with
|>>me
|>>to canada and get her extension + stamping at one time.
|>
|>When you go to Canada, you may want to surrender both her I-94 and
|>your
|>I-94s (both of them stapled together) to Canadian immigration
|>authorities, or to the airline if you fly. You will likely have to
|>specifically ask them to take it, otherwise, they'll let you keep it.
|>
|>If you keep it, it's not a big deal, either, but regardless of which
|>option you choose, both your and her I-94 become invalid the minute
|>you
|>show up at the consulate to apply for your visa. So it is irrelevant
|>that hers is only until 2005 and yours is until 2006.
|>
|>You will both get new I-94s as soon as you show up at the border with
|>your new visas (have some cash handy; there is a $6 fee! If you fly,
|>it's included in the airfare), and both your I-94s should show 2006.
|>
|>
|>>i don't see any problem for my visa stamp, but will US embassy in
|>>canada demand for h4 extension approval from ins, since we didn't
|>>apply
|>>one for her and i hope we can get her h4 extension with my
|>>supportive
|>>documents et.,
|>
|>No. There is no such thing as an H-4 petition, and the I-94 is no
|>longer
|>meaningful when you leave the USA.
|>
|>Note: I have heard of consular officers demanding to see an H-4
|> petition. This happens when the officer is inexperienced. In
|> that case,
|> try and see if you can get him to ask a supervisor. Otherwise,
|> you may
|> have to leave your wife behind and reapply, including a letter
|> stating
|> the situation. There should not be a fee.
|
|
| I have a similar situation. The lawyer did not apply H4 extension for my
| son (15 years old) who stays with me when the H!B extension was applied.
| My son had valid I-94 till 17th Nov 2004. So he is still under the 180
| days. Is it possible US Consulate in Toronto may not even consider the
| H4 application and ask us to go to home country in India ?
That situation actually isn't all that similar. Your son is out of
status, and in fact, the Consulate in Toronto will likely tell him to
apply in India. I believe once you fall out of status, you have to
always apply in your home country.
By the way, the 180 days are irrelevant for your son, even two years out
of status are not a problem in his particular case. That is because only
time out of status after the 18th birthday counts towards the bans.
- --
Remember, I am strictly a layperson without any legal training. I
encourage everybody to seek competent legal counsel rather than
relying on usenet newsgroups.
Please visit my new FAQ at http://www.kkeane.com (always under
construction)
My email address in usenet posts is now invalid for Spam protection.
See my Web site for information on how to contact me.
Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
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Ajay2614 wrote:
|>Vel wrote:
|>
|>>Hi,
|>>
|>>I'm currently living in NY with my wife and kid(us citizen).
|>>recently i got my h1 transfer to a different company and got h1b
|>>extension upto march 2006. my current i94 valid upto july 2005.
|>
|>Please remember to check your approval notice. Most likely (but not
|>always) there is another I-94 attached. Tear it off and staple it to
|>the
|>I-94 you have. It's a mistake many people make. Not a huge deal, but
|>can
|>cause confusion later.
|>
|>
|>>now i'm planning to get my visa stamped upto mar 2006 going to
|>>canada.
|>>i don't see any problem in getting my visa stamping but my question
|>>is,
|>>my wife has also h4 visa and her i-94 valid upto july 2005, lawyer
|>>didnt apply for her extension and i'm planning to take my wife with
|>>me
|>>to canada and get her extension + stamping at one time.
|>
|>When you go to Canada, you may want to surrender both her I-94 and
|>your
|>I-94s (both of them stapled together) to Canadian immigration
|>authorities, or to the airline if you fly. You will likely have to
|>specifically ask them to take it, otherwise, they'll let you keep it.
|>
|>If you keep it, it's not a big deal, either, but regardless of which
|>option you choose, both your and her I-94 become invalid the minute
|>you
|>show up at the consulate to apply for your visa. So it is irrelevant
|>that hers is only until 2005 and yours is until 2006.
|>
|>You will both get new I-94s as soon as you show up at the border with
|>your new visas (have some cash handy; there is a $6 fee! If you fly,
|>it's included in the airfare), and both your I-94s should show 2006.
|>
|>
|>>i don't see any problem for my visa stamp, but will US embassy in
|>>canada demand for h4 extension approval from ins, since we didn't
|>>apply
|>>one for her and i hope we can get her h4 extension with my
|>>supportive
|>>documents et.,
|>
|>No. There is no such thing as an H-4 petition, and the I-94 is no
|>longer
|>meaningful when you leave the USA.
|>
|>Note: I have heard of consular officers demanding to see an H-4
|> petition. This happens when the officer is inexperienced. In
|> that case,
|> try and see if you can get him to ask a supervisor. Otherwise,
|> you may
|> have to leave your wife behind and reapply, including a letter
|> stating
|> the situation. There should not be a fee.
|
|
| I have a similar situation. The lawyer did not apply H4 extension for my
| son (15 years old) who stays with me when the H!B extension was applied.
| My son had valid I-94 till 17th Nov 2004. So he is still under the 180
| days. Is it possible US Consulate in Toronto may not even consider the
| H4 application and ask us to go to home country in India ?
That situation actually isn't all that similar. Your son is out of
status, and in fact, the Consulate in Toronto will likely tell him to
apply in India. I believe once you fall out of status, you have to
always apply in your home country.
By the way, the 180 days are irrelevant for your son, even two years out
of status are not a problem in his particular case. That is because only
time out of status after the 18th birthday counts towards the bans.
- --
Remember, I am strictly a layperson without any legal training. I
encourage everybody to seek competent legal counsel rather than
relying on usenet newsgroups.
Please visit my new FAQ at http://www.kkeane.com (always under
construction)
My email address in usenet posts is now invalid for Spam protection.
See my Web site for information on how to contact me.
Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
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Feb 13th 2005, 4:00 pm
#6
Just Joined
Joined: Jul 2002
Posts: 6
Re: h1 + h4 visa stamp in canada
Is it possible that INS may apply the ban on me because my son is dependent on me even though my papers are fine because h1b extension was applied for me and it is approved.
Feb 14th 2005, 6:45 am
#7
Guest
Posts: n/a
Re: h1 + h4 visa stamp in canada
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Hash: SHA1
No, you are only responsible for your own personal status maintenance.
You can't be deported for somebody else violating status, not even your son.
Ajay2614 wrote:
| Is it possible that INS may apply the ban on me because my son is
| dependent on me even though my papers are fine because h1b extension was
| applied for me and it is approved.
- --
Remember, I am strictly a layperson without any legal training. I
encourage everybody to seek competent legal counsel rather than
relying on usenet newsgroups.
Please visit my new FAQ at http://www.kkeane.com (always under
construction)
My email address in usenet posts is now invalid for Spam protection.
See my Web site for information on how to contact me.
Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
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Hash: SHA1
No, you are only responsible for your own personal status maintenance.
You can't be deported for somebody else violating status, not even your son.
Ajay2614 wrote:
| Is it possible that INS may apply the ban on me because my son is
| dependent on me even though my papers are fine because h1b extension was
| applied for me and it is approved.
- --
Remember, I am strictly a layperson without any legal training. I
encourage everybody to seek competent legal counsel rather than
relying on usenet newsgroups.
Please visit my new FAQ at http://www.kkeane.com (always under
construction)
My email address in usenet posts is now invalid for Spam protection.
See my Web site for information on how to contact me.
Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
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Feb 15th 2005, 9:33 pm
#8
Just Joined
Joined: Jul 2002
Posts: 6
Re: h1 + h4 visa stamp in canada
I need advice what to do. I understand that as my son is out of status and now he should leave the country and get Visa stamping in his home country which is India. The earliest appointment available at US consulate in India is in June 2005. My son will lose one year of his school (Presently he is in 10th grade) if he has to go to India now and wait till June for the consulate appointment. He has been an honour student and it just doesn't make sense that he should lose an year for no fault of his. If any one is at fault it is me as I was ignorent of the law. I had assumed that dependents automatically get extended when the principal applicant gets extension. Could someone advice what should I do so that I can save my sons one year.
Feb 16th 2005, 4:53 am
#9
Guest
Posts: n/a
Re: h1 + h4 visa stamp in canada
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Ajay2614 wrote:
| No, you are only responsible for your own personal status maintenance.
| You can't be deported for somebody else violating status, not even
| your son.
|
| Ajay2614 wrote:
|
| | Is it possible that INS may apply the ban on me because my son is
| | dependent on me even though my papers are fine because h1b extension
| | was
| | applied for me and it is approved.
| I need advice what to do. I understand that as my son is out of status
| and now he should leave the country and get Visa stamping in his home
| country which is India. The earliest appointment available at US
| consulate in India is in June 2005. My son will lose one year of his
| school (Presently he is in 10th grade) if he has to go to India now and
| wait till June for the consulate appointment. He has been an honour
| student and it just doesn't make sense that he should lose an year for
| no fault of his. If any one is at fault it is me as I was ignorent of
| the law. I had assumed that dependents automatically get extended when
| the principal applicant gets extension. Could someone advice what should
| I do so that I can save my sons one year.
You may want to consider keeping him in the US illegally for the time
being. While he is under 18, the consequences are relatively limited.
- --
Remember, I am strictly a layperson without any legal training. I
encourage everybody to seek competent legal counsel rather than
relying on usenet newsgroups.
Please visit my new FAQ at http://www.kkeane.com (always under
construction)
My email address in usenet posts is now invalid for Spam protection.
See my Web site for information on how to contact me.
Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
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Ajay2614 wrote:
| No, you are only responsible for your own personal status maintenance.
| You can't be deported for somebody else violating status, not even
| your son.
|
| Ajay2614 wrote:
|
| | Is it possible that INS may apply the ban on me because my son is
| | dependent on me even though my papers are fine because h1b extension
| | was
| | applied for me and it is approved.
| I need advice what to do. I understand that as my son is out of status
| and now he should leave the country and get Visa stamping in his home
| country which is India. The earliest appointment available at US
| consulate in India is in June 2005. My son will lose one year of his
| school (Presently he is in 10th grade) if he has to go to India now and
| wait till June for the consulate appointment. He has been an honour
| student and it just doesn't make sense that he should lose an year for
| no fault of his. If any one is at fault it is me as I was ignorent of
| the law. I had assumed that dependents automatically get extended when
| the principal applicant gets extension. Could someone advice what should
| I do so that I can save my sons one year.
You may want to consider keeping him in the US illegally for the time
being. While he is under 18, the consequences are relatively limited.
- --
Remember, I am strictly a layperson without any legal training. I
encourage everybody to seek competent legal counsel rather than
relying on usenet newsgroups.
Please visit my new FAQ at http://www.kkeane.com (always under
construction)
My email address in usenet posts is now invalid for Spam protection.
See my Web site for information on how to contact me.
Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
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