H4/H1 - Which is better?

[Priya2407]

Hi,

I have 3.5 years of working experience in IT Industry and currently working for MNC in Hyderabad.
My husband who also software engineer got H1 in the month of Feb'05. Initially i thought of go to US on h4, so i appeared for

cosulate interviw in Apr'05. As my husband was still in India by that time, i got the following queries under 221(g):

1)A complete statement from the petitioning employer explaining how and why the H/L worker's position has been kept vacant

since the time the job was offered.
2)Come back with your husband(in one blank line they written this sentence)

As my husband's employer was not interested to give the letter and asked my husband to come to US and and clear the H4 query

by sending necessary documents. So we didn't appear for the consulate interview and my husband left to US in the month of

May'05.

My company applied for B1 for short term assignment. And they took appointment with Delhi consulate. And i appeared for B1

visa interview in Aug'05. Again my B1 visa got rejected because of the following reasons:

1)why did u kept your H4 in pending status and why did n't go to chennai consulate nd why did u came here?
My B1 Visa is rejected under Section 214(b) nd they given a white color paper along with the mark on the below point:You did

not Convince the Consular officer that you satisfy all of the requirements of the law. All visa applicants must convince the

Consular Officer.

Now the employer who files the H1 for my husband also filed my papers and eventualy my H1 petition is approved.

I really wants to work in US. But my doubt is, VO rejected my B1 by showing the H4 query. If i appeared for H1, is there a

chance to reject h1 as well? Do i need clear the H4 query first then go for h1? or shall i appear for h1 and explain VO that

i am not interested to go on H4.

Please suggest me. Appreciate your help.

Thanks Inadvance!
Priya

[veena_swsh]

Hi,
If the same consulting company that your husband works for is going to petition for your H1b too, then the criteria of producing all the supporting documents will apply to your H1B stamping also. Unless you convince the visa officer that the employer will place you immediately and give you good pay, along with supporting letters from client(if applicable), your H1B stamping might not go on well. You will have to work harder than a normal H1B stamping as the visa officer might have some preconcived notions on the case. See if pursuing H4 is a better option.

[bobby_maganti]

I would go back to H4 and wokr on it with more supporting documents geting from your husband. I dont see a reason in issuing H1B visa now. They will have your passport number in their system which brings up the history of quiries you had and your applications. So work out basing on that.

All the best

[Padmini]

As per my understanding, you can go to US on a H4 and then change your status to H1(as you already have approval). Not sure about the duration you will have to stay on H4 legally.

[Priya2407]

Dear Veena/Bobby/Padmini,

Thank you very much for your quick reply.

Right now my husband has only one paystub. Though he went to US in last week of May'05, he get into the project in 1st Oct'05. So he doesn't have paystubs for jun-jul-aug-sep'05. So can i wait till my husband get another 2 paystubs or can i attend for the interview in Dec'05, so that i have atleast two paystubs with me. And suppose if want to go with 3 paystubs i need to visit consulate in Jan'06. So, is there any chance to ask my husband's W2 forms in this case? So what do you suggest...Dec'05/Jan'06?

VO asked me to come working day, but as i appeared interview in the month of April'05 do i need to take the separate appointment or shall i go as they said to clear my H4 query.

Somebody told me that i will get the problem at Port of Entry if i'm travelling with H4 to US as their database shows that my h1 was already approved. Is it so?

Please suggest me.

Regards,
Priya,
[email protected]