H1 Visa Stamping in India

[johnpks]

Guys,

I'm working on H1B and living with my family in USA. My wife got an H1B visa last year. Due to personal reasons, she applied for 6 months leave. She was planning to join on June. Small Consulting Employer accepted for the same.

For unplanned special occasion, we need to travel to India for a month. Our H1 and H4 visas are expired already. We need to go for visa stamping.

Note: She don't have payslips or W2.

I have following questions:

1. Can she go for H1B stamping?

2. if so, what are the documents needed?

3. Will she get H1 visa?

4. She may get H4. If she get H4, can she able to get into job?
if so, what we need to do?

Thanks
johnpks

[johnpks]

Updated..

Guys,

I'm working on H1B and living with my family in USA. My wife got an H1B visa last year. Due to personal reasons, she applied for 6 months leave. She was planning to join on June. Small Consulting Employer accepted for the same and employer got an verification call, they have sent her leave letter to them.

For unplanned special occasion, we need to travel to India for a month. My H1 and her H4 visas are expired already. We need to go for visa stamping.

Note: She don't have payslips or W2. If needed, we can managed to get payslips for last 2 months.

I have following questions:

1. Can she go for H1B stamping?

2. if so, what are the documents needed?

3. Will leave letter updated in the system? if so, she can not go with payslips for stamping.

3. Will she get H1 visa?

4. She may get H4. If she get H4, can she able to get into job?
if so, what we need to do?

Thanks
johnpks

[raghvi]

Not getting paid while on H1 without genuine reasons means one is out of status.
1. Yes she surely can attend H1 interview, but be prepared to face possible questions on client letter, past W2 etc to prove that she was earlier in status.
2. https://www.immihelp.com/h1-visa-stamping-documents/
3. Leave letter in which system?
3. It depends upon the strength of the documents asked and provided in point 2 above.
4. On H4 she cannot work.

Rather than attending H1 interview, I would suggest she attend H4 interview. Once in US on H4 her employer can file a H4 to H1 COS, if the COS is approved she can work on H1.

This is my opinion not legal advice.

[johnpks]

Not getting paid while on H1 without genuine reasons means one is out of status.
1. Yes she surely can attend H1 interview, but be prepared to face possible questions on client letter, past W2 etc to prove that she was earlier in status.
2. https://www.immihelp.com/h1-visa-stamping-documents/
3. Leave letter in which system?
3. It depends upon the strength of the documents asked and provided in point 2 above.
4. On H4 she cannot work.

Rather than attending H1 interview, I would suggest she attend H4 interview. Once in US on H4 her employer can file a H4 to H1 COS, if the COS is approved she can work on H1.

This is my opinion not legal advice.

Thanks Raghu.

She have submitted a leave letter to employer. Employer submitted to the verification officer. Verification officer might be updated in the internal system (don't know how it works), which may reflect when we go for stamping.

If she come to US with H4 visa, Can she apply for new job?

If she get a job from other company, then how this works? They will ask for 2/3 months payslips for the H1 transfer. Or it will be treated like new H1 but reserved for 3 years?

Johnpks