H1B 2010 stamping - Please help

[chennaiite]

Hi,

I am currently in chenna, India since June 12 2009 (earlier I was in L1B working for company A from India). I had to come to India as my project got over and currently without job.

When I travelled back to India, I had my H1 application in process applied through company B. As I was advised not to enter back US on any other visa other than L1 (since my H1 was filed as COS from L1-H1), I quit my current job and stayed back in India waiting H1 approval.

On Aug 4 2009, my H1 petition got approved. Now, can I go for h4 stamping at Chennai consulate (as my husband has H1) before Oct 1 2009 and enter US on H4? will my H1 get cancelled if I go for h4 stamping now after getting H1 approval?

Or should I enter US only on H1 visa as the same got approved. Also, is there any issue in getting H4/H1 visa stamped at Chennai consulate as I am in India only since June. I am not sure if there is any 6 month residing period before getting any visa stamped. my passport reflects my chennai address only and my previous L1 was also stamped at Chennai consulate.

Kindly advise, am so tensed and would like to enter US at the earliest without losing my H1. I am currently working with marketing team of company B in search of a project.

Thanks a ton.. awaiting your advise badly.

[Subramanya]

I am currently in chenna, India since June 12 2009 (earlier I was in L1B working for company A from India). I had to come to India as my project got over and currently without job.

When I travelled back to India, I had my H1 application in process applied through company B. As I was advised not to enter back US on any other visa other than L1 (since my H1 was filed as COS from L1-H1), I quit my current job and stayed back in India waiting H1 approval.

On Aug 4 2009, my H1 petition got approved. Now, can I go for h4 stamping at Chennai consulate (as my husband has H1) before Oct 1 2009 and enter US on H4? will my H1 get cancelled if I go for h4 stamping now after getting H1 approval?

---- You can go for H4 stamping and the H1 petition will not get cancelled. That will remain till you want to activate H1


Or should I enter US only on H1 visa as the same got approved. Also, is there any issue in getting H4/H1 visa stamped at Chennai consulate as I am in India only since June. I am not sure if there is any 6 month residing period before getting any visa stamped. my passport reflects my chennai address only and my previous L1 was also stamped at Chennai consulate.

---- Of course, it is better to enter Us on H1 after you get H1 visa stamped on the Passport. After all you want to join a job at the employer who sponsored you for H1. there is no 6 month rule.

Kindly advise, am so tensed and would like to enter US at the earliest without losing my H1. I am currently working with marketing team of company B in search of a project.

---- As above if you wnat to work in the US come on H1. The employer has to pay you from day 1 as they have sponsored you and it is their duty to find a project/client etc. and also pay you regularly

Subramanya

[chennaiite]

Thank you so much, subramanya.

If I enter US on H4 before oct 1, will i get transferred automatically to H1 after Oct 1 or should I file for COS seperately. If I need to file COS, then will my H1 wont be in jeopardy as my H1 was applied as COS from L1-H1. Kindly advise.

Yes, absolutely i would like to work in US. I am only scared about getting the H1 visa stamping successfully in current market conditions. Thats the reason, i am wondering if I can enter US on H4 and then switch to H1 after Oct 1.

thanks again for your time and advise.

[txh1b]

As you traveled on a pending COS petition, the COS is considered abandoned but the petition remains valid as long as the employer does not revoke it. If you enter on a H4 before or after Oct 1st, to change back to H1, the employer has to file a COS amendment to the already approved H1b or you could get a visa stamp and enter on H1 to begin work any time after Oct 1st.

[chennaiite]

Thanks a lot for your time and response.