- I am currently in the U.S. on an H1-B visa with an approved I-140. My visa stamp expired in October 2023, but I possess an approved I-797 from my current employer and have an upcoming visa interview (dropbox appointment) scheduled for December 2023.
- My wife initially came to the U.S. on an H4 visa. Subsequently, we applied for a Change of Status (COS) from H4 to F1 to enable her to pursue her studies. After completing her studies, she secured her first job and began working on F1-OPT. Her employer submitted an H1-B application on her behalf, which was selected, and she also holds an approved I-140 with the same employer. Unfortunately, she was laid off in September 2023 and has a need to travel to India for personal reasons. Given her situation, we decided to apply for an H4 visa for her while in India.
Here are my questions:
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Question 1:
Will my H1-B dropbox appointment for an extension with the same employer impact my wife’s H4 visa interview/stamping?
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Question 2: Must we wait for my wife to return to the U.S. on her H4 visa before applying for her Employment Authorization Document (EAD) so that she can commence a new job upon its approval?
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Question 3: Can her status as an H4 visa holder be repurposed in any manner, or does it not affect her situation?I’m on H1-B with approved I-140.
My current visa stamp expired in Oct 2023, but I have an approved I-797 with my current employer and have a dropbox in Dec 2023.