H1B Stamping in India for H4 Candidate.

[ambi]

Hi,

I am on H1B in USA and my wife is on H4 in USA. We will be applying for her H1 this April.

Question:
1.If she travels to India, COS will be denied. Now if her H1B is approved while she is in India, I read on this forum that it is best for her to get H1B stamped and then travel back to US after October 1st.
Is it possible that her H1B stamping will be denied ?

2. Not sure what CP - Consular process is, but is it possible and should she file her H1 under consular process if we already know she will be travelling to India somewhere in June ?

Please advise.

Thanks.

[dst2015]

Please follow link for information you are looking for

https://www.uscis.gov/working-united-states/temporary-workers/faqs-employment-authorization-certain-h-4-dependent-spouses

[ambi]

https://www.uscis.gov/working-united-states/temporary-workers/faqs-employment-authorization-certain-h-4-dependent-spouses

Thank you for response, but I do not have GC in process yet. So this will not apply.

[raghvi]

Hi,

I am on H1B in USA and my wife is on H4 in USA. We will be applying for her H1 this April.

Question:
1.If she travels to India, COS will be denied. Now if her H1B is approved while she is in India, I read on this forum that it is best for her to get H1B stamped and then travel back to US after October 1st.
Is it possible that her H1B stamping will be denied ?

2. Not sure what CP - Consular process is, but is it possible and should she file her H1 under consular process if we already know she will be travelling to India somewhere in June ?

Please advise.

Thanks.

1. Yes it is possible that H1 visa is denied if the VO is not convinced of the employer/employee genuineness. If you have a strong case and proper documentation then chances of rejection are low.
2. Why not file H4 to H1 in premium and travel after the approval comes?

This is my opinion not legal advice.

[ambi]

1. Yes it is possible that H1 visa is denied if the VO is not convinced of the employer/employee genuineness. If you have a strong case and proper documentation then chances of rejection are low.
2. Why not file H4 to H1 in premium and travel after the approval comes?

This is my opinion not legal advice.

That was exactly what I was narrowing down to. The Premium processing option.
If I get RFE for PP, I am assuming that will be April 15 and if the response is sent even by April 20 and say it takes 3 more months for processing. I should be fine by August 20 and then travel to India.
Am I being realistic here ? Or does it take even longer than 3 months for RFE resolution with Premium processing ?

Will really appreciate your help here.

[raghvi]

That was exactly what I was narrowing down to. The Premium processing option.
If I get RFE for PP, I am assuming that will be April 15 and if the response is sent even by April 20 and say it takes 3 more months for processing. I should be fine by August 20 and then travel to India.
Am I being realistic here ? Or does it take even longer than 3 months for RFE resolution with Premium processing ?

Will really appreciate your help here.

3 Months is too long for premium processing. As long as you respond to RFE in timely manner a decision most probably would be reached in 4 Weeks. Past few years, even with lottery, most of premium processed cased under non master's cap get an approval by July/Aug provided documentation is in order.

This is my opinion not legal advice.

[ambi]

3 Months is too long for premium processing. As long as you respond to RFE in timely manner a decision most probably would be reached in 4 Weeks. Past few years, even with lottery, most of premium processed cased under non master's cap get an approval by July/Aug provided documentation is in order.

This is my opinion not legal advice.

This is very helpful. Thank you so much !
I will move ahead with Premium processing. This forum is awesome.

It just increased my cost by $1225. But still. You guys are nice .

Thank you !!!

[ambi]

This is very helpful. Thank you so much !
I will move ahead with Premium processing. This forum is awesome.

It just increased my cost by $1225. But still. You guys are nice .

Thank you !!!

I have still got one question and did not consider this scenario:
I understood that if we go through Premium processing for H4--> H1B for my wife and the application gets selected in Lottery, even with RFE it is realisitc to assume H1B and COS approved by July-August. My wife can then travel back to India Mid August and come back before Oct 1st without issues.

But, What if she is filing one under premium processing and other as normal. If she gets H1B and COS approved on the Premium one and the normal is still in process, can she travel to India without abandoning her COS process ?

Please advise.