Stamping after converting H4 to H1 visa

[janardhanmp]

Hi,

My wife got her H1 visa in october 2014 but started working only from Mar 2015. Now she wants to go for stamping in india but consultant strongly opposes that, as she consulate will ask for W2 and since she started working only this year, she will not have W2 for 2014. Her Consultant suggest to come in as H4 as she has a valid H4 stamping till Dec 2015 and once she enters US, they can apply change of status in premium and convert back to H1. In case she goes for stamping and if consulate rejects her H1, then she has to start the whole process again.

In the meantime she is getting another offer for full time position and we are not sure what to do with this issue as she has to travel by oct to india four couple of weeks. Has anybody recently went to india for stamping after converting from H4 to H1 visa.

Regards,
Jana

[raghvi]

Hi,

My wife got her H1 visa in october 2014 but started working only from Mar 2015. Now she wants to go for stamping in india but consultant strongly opposes that, as she consulate will ask for W2 and since she started working only this year, she will not have W2 for 2014. Her Consultant suggest to come in as H4 as she has a valid H4 stamping till Dec 2015 and once she enters US, they can apply change of status in premium and convert back to H1. In case she goes for stamping and if consulate rejects her H1, then she has to start the whole process again.

In the meantime she is getting another offer for full time position and we are not sure what to do with this issue as she has to travel by oct to india four couple of weeks. Has anybody recently went to india for stamping after converting from H4 to H1 visa.

Regards,
Jana

The issue does not seem to be of H4 converting to H1 , the issue seems to be being on H1 but not getting paid hence not maintaining status. What the so called consultancy did was wrong. Your wife should have got paid from Oct 2014 onwards even if she was not working, and if she wasn't getting paid she should have complained to DOL against the consultant. Many so called consultants do this jugglery of asking the person to come on H4 and then apply a H4 to H1 Change of Status . They do to avoid coming under USCIS radar of malpractices. And many employees avoid complaining due to fear of losing H1.

Irrespective, I would advise in distancing yourself from such an employer as soon as possible. As for your spouse not maintaining valid status from Oct till March, it may come back as RFE if and when she goes for GC processing.

This is my opinion not legal advice.