travelling to US on H4

[mayurb]

Hi All,

I need your advice on this very complicated situation.

I Have a H4 visa and my husband has H1-B. We got it stamped in January this year (2014) .
But we both are in India right now. We will travel to US by May
I am a software engineer myself and currently working in India.
As I can not work on H4, I am trying to file H1-B for myself in this April. So that I can work at least from October onward.

Now, here is the confusion,

To file a H1-B for me I am talking to some consulting firms in California.
What they are telling me is :

1) they can file my application on 1st april and its okay If I am not there in US that time. When I will be there in May,
and my application gets selected in lottery , H1-B can be stamped for me, without going for a consulate process(interview etc.).

2) they are asking for arround 3500$ , before they file my application and they claim that they will be filing my application under premium application.
(They are telling that, they will return the money once I start working with them)

3) Also there is confusion of client letter, do we need a client letter to submit with application. Should they (consulting firm) be sharing that application letter with me.

4) Finally, Is it really "OK" to be not there in US in April, when H1-B is getting filed for me?

5) And Is these kinds of firms trustworthy.

Please help!!!!

[raghvi]

Hi All,

I need your advice on this very complicated situation.

I Have a H4 visa and my husband has H1-B. We got it stamped in January this year (2014) .
But we both are in India right now. We will travel to US by May
I am a software engineer myself and currently working in India.
As I can not work on H4, I am trying to file H1-B for myself in this April. So that I can work at least from October onward.

Now, here is the confusion,

To file a H1-B for me I am talking to some consulting firms in California.
What they are telling me is :

1) they can file my application on 1st april and its okay If I am not there in US that time. When I will be there in May,
and my application gets selected in lottery , H1-B can be stamped for me, without going for a consulate process(interview etc.).

2) they are asking for arround 3500$ , before they file my application and they claim that they will be filing my application under premium application.
(They are telling that, they will return the money once I start working with them)

3) Also there is confusion of client letter, do we need a client letter to submit with application. Should they (consulting firm) be sharing that application letter with me.

4) Finally, Is it really "OK" to be not there in US in April, when H1-B is getting filed for me?

5) And Is these kinds of firms trustworthy.

Please help!!!!

1. H1 cannot be stamped in US. If H1 is approved it would be approved without a COS. What eventually would need to be done is another COS from H4 to H1 would have to be filed.
2. Its illegal to pay for ones own H1.
3. Client letter has become a very key requirements especially if one is going through a small company.
4. Well if one is not in US while H1 is filed it cannot be filed as Change Of Status. One can have the advantage of ensuring application are sent before cap fills up though, but a COS would have to be filed later on OR visa interview to be attended.
5. There are lot of "Wolf in sheep's clothing" so be careful....

This is my opinion not legal advice.