Query reg. H1 application while working for Indian Co.

[subram]

I plan to apply for H1 this year, and have 2 queries reg. the same:
1. I work for an Indian software company and am currently on H4 in the US with my spouse. Is it ok to apply for a H1 through a consultant while still on the rolls of an Indian company?
2. If I file for my H1 this Apr, can I go to India on a vacation for 1-2 months and be back here before october 2008? When will the approval or otherwise come through so that I can plan my trip accordingly?

[Subramanya]

H1 issues

I plan to apply for H1 this year, and have 2 queries reg. the same:
1. I work for an Indian software company and am currently on H4 in the US with my spouse. Is it ok to apply for a H1 through a consultant while still on the rolls of an Indian company?

---- How are you working when you are in the US on H4? If it is assumed that you are working for the company based in India, even then you are working illegally. If the USCIS and/or any US Govt. agency comes to know about this matter, it is possible that they can initiate some action against you

---- Applying for H1 has a nothing to do with you being employed with an Indian Company based in India

2. If I file for my H1 this Apr, can I go to India on a vacation for 1-2 months and be back here before october 2008? When will the approval or otherwise come through so that I can plan my trip accordingly?

---- No you will not be able to move outside US including India. This move will invalidate your H1 application and it will be considered as abondoned

---- The H1 approval process can take any time from 3-4 months and during this process you will have to stay put in the US. If you move out of US after approval you will to get a H1 Visa to be eligibe to enter the US on H1. You will be able to use the H4 Visa as that does not give a I-94 card for H1 status at any US POE

Subramanya

[subram]

Clarifications regarding my H4 status ... I am on H4 in the US, after having taken a year's leave from my Indian company. THere is nothing illegal about this since I menioned this when I went for H4 stamping in India. Net result is that I am currently on the rolls of the Indian company though I do not have a pay due to my leave status.