H4 Visa Stamping Question

[nikhilnicks]

My wife is currently on H4 Visa and she is planning to travel to India for a vacation. I have got a full time in a MNC and i have approved I-797 for me and my wife for 3 years.
I have recently applied for my wife's H1B visa in this years quota. I have couple of question related to her travel and stamping

1. Can she go for H4 Visa stamping when her h1b application is in lottery?
2. Can she come back on H4 Visa back to US even after her petition is picked up in lottery?

Please help with your answers as I am planning her trip in another 10 days.

Thanks is advance

[raghvi]

My wife is currently on H4 Visa and she is planning to travel to India for a vacation. I have got a full time in a MNC and i have approved I-797 for me and my wife for 3 years.
I have recently applied for my wife's H1B visa in this years quota. I have couple of question related to her travel and stamping

1. Can she go for H4 Visa stamping when her h1b application is in lottery?
2. Can she come back on H4 Visa back to US even after her petition is picked up in lottery?

Please help with your answers as I am planning her trip in another 10 days.

Thanks is advance

1. Yes.
2. Yes.



I am assuming that since she was in US while H1 was applied, H4 to H1 was applied as a Change Of Status, in that case the biggest catch is that if she goes of US, before her H4 to H1 petition is approved, she abandons her COS part. Remember, the H1 petition, if selected in lottery, might still get approved, but her H4 to H1 COS would get denied as she went out of US. In this case, she would not automatically move to H1 status from her H1 start date, her employer would have to file a H4 to H1 in future in order to move her to H1 and to their payroll.

Does her employer's attorney know about her travel plan? As a H4 to H1 in future would involve extra cost, so might upfront tell the H1 employer about this beforehand.

This is my opinion not legal advice.

[nikhilnicks]

H4 Related Questions

Hello Raghvi,

Thank you for your responses.
Yes her employer knows all the plan and he is OK with it. He is ready to file COS again if her application is picked up in lottery
I have couple of questions related to her H4 stamping

1. How many pay stubs are needed for h1b stamping?
2. Do they need 3 latest paystubs or 3 months paystubs?
3. We are planning to attend the interview in Mumbai consulate any specific documentation needed?

Total pay stubs which I would be providing is six paystubs for alomst 3 months. Will they be suuff

[raghvi]

1. Whose H1 stamping? Hers or yours? Earlier you said H4 stamping now you mentioned H1 stamping, confusing.
2. If it is for your H1 stamping, then I797, recent paystubs 3 Months, client letter are few of the important documents.

This is my opinion not legal advice.