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h4 to h1 documents- URGENT help needed

 
Greenhorn
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I am currently on H4 and a company is filing for my H1. Apart from other normal documents like degree copy etc, they have also asked me to submit my husband's Visa copy, his passport & I-94, H1B approval notice and last 3 pay-stubs. Is it required to submit these spouse documents for H4 to H1 transfer?

This is really really urgent. Please let me know soon.

Regards.
 
Ranch Hand
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Many countries will check the status of family members who will be joining you.
If you both are working in the US, you will both need a work permit there for the entire period, and of course will both need a residence permit as well.
The payslips are proof that your spouse is indeed working for whom his visum says he is.
 
Ranch Hand
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I have this question too.Visa paper is understandable but why Passport copies?There is one threat I feel i.e.once shilpa's husband submit his visa,passport doc,consultant who is filing shilpa's h1 can trasfer her husband's H1 on his company w/o his notice.

Pls corrcet me if I am wrong
 
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Originally posted by Rekha Gaikwad:
I have this question too.Visa paper is understandable but why Passport copies?



I personally don't see the need for that either.

There is one threat I feel i.e.once shilpa's husband submit his visa,passport doc,consultant who is filing shilpa's h1 can trasfer her husband's H1 on his company w/o his notice.



So what? It doesn't invalidate his original H-1, and he simply does not work for the new company. If they want to waste $2500 (or whatever the head tax is these days), they're welcome to.

Cheers!

Luke
 
Rekha Gaikwad
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hey thanks for updates Luke & Jeroen. Your updates really helped me.
 
Jeroen T Wenting
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the passport copy could be needed to ascertain that the person mentioned as the spouse is indeed the one holding the visum.

And to check for passport expiration dates too maybe. What if you get a 5 year visum for you and your husband but his (or your) passport expires in 2?
 
Luke Kolin
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Originally posted by Jeroen T Wenting:
the passport copy could be needed to ascertain that the person mentioned as the spouse is indeed the one holding the visum.



That's what the copy of the I-94 is for, and USCIS can look up the petition number. Anyways, there's no gurantee that the primary H-1 holder will even have a visa stamp in the passport.

And to check for passport expiration dates too maybe. What if you get a 5 year visum for you and your husband but his (or your) passport expires in 2?



That's perfectly legal.

Cheers!

Luke
 
Jeroen T Wenting
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You can't legally stay in the US unless your passport is valid for 6 months after departure.
At least on a tourist or short term business visum that's how things work.

My father had a "permanent" business visum giving him unlimited entry and exit into the US for business reasons (but no residence permit, he could not go there and take a job with a US company, he had it because he controlled several US companies as representative of their major shareholders). That visum was linked to his Dutch passport, when the passport expired he needed to get the visum reinstated for the new passport.
 
Luke Kolin
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Originally posted by Jeroen T Wenting:
You can't legally stay in the US unless your passport is valid for 6 months after departure. At least on a tourist or short term business visum that's how things work.



No, the passport must be valid for at least six months from the current date when ENTERING the US (and even that is open to CBP's discretion). Changing status while already within the United States is a totally differnt story.

There are some individuals who require a passport to enter the United States, but not to stay there.

Cheers!

Luke
 
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